U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington, D.C. 20590

Donn Wojtowicz
dba: Drone Data Sets Survey Technician/Survey Tech Support

3105 “B” 38 th Street Lubbock, Texas 79407

Request for Exemption:

Donn Wojtowicz dba: (Drone Data Sets) , 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 Professional sUAV in the National Airspace System (NAS), and for an exe mption from the require ments of :

14 C.F.R §§ 61.113(a) & (b) / 14 CFR 45.23(b) 91.7(a) / 91.121 / 91.151(b)
91.405(a) / 91.407(a)(1) / 91.409(a)(1) & (a)(2), and 91

Donn Wojtowicz

dba: (Drone Data Sets)

6105 “B” 38 th Street Lubbock, TEXAS 79407

Ph: 602

- 628

- 8965 Email: djwojodj@gmail.com

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This st atutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a) ; 49 USC §44704; 14 CFR §91.203 (a) (1).Donn Wojtowicz dba: (Drone Data Sets)

, proposes to use one or more Unmanned Aerial Drones

(DJI PHANTOM 3 Professional), for the following uses:

 V ideography, Cinematography, Real Estate , Topography, Mapping of Golf Courses

 Inspections of Construction Sites

, Road Work Project s, Project Management , Mines & Quarries

 Surveying Power Line Corridors, Cell Sites, 3

- D Modeling for Engineering/Surveying

 E mergency response operations

 Training/Education : Eng ineers in Training (EIT), Surveyors in Training (SIT)

 Support to law enforcement and fire departments

 Site security during sponsored events ( Football Games

, Parades , 4 th of July, Co n certs , etc.)

 Inspections of Playa Lakes

, Boat Docks, Sea Walls

, Boat Marinas

, Bridges

, Lighthouses

, Water Craft

This aircraft has four rotors and four motors in a quadcopter configu ration (X4). It is only capable of vertical takeoff and landings. This UAS weighs less than 55 lbs. including payload, can fly, under normal conditions at a speed of no more than 30 knots and has the capability to hover, and move in the vertical and
hori zontal plane simultaneously. This UAS is equipped with GPS and auto‐return function to the predetermined safe landing area as well as allowing reading of magnetic interference that can cause loss off GPS signal. The UAS will operate only in line of sight a nd will operate only within the limits of public rights of way or easements. Such operations will be conducted to insure that the UAS will “not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)).

This exe mption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the na tional airspace system (NAS) before completion of the rule making required under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the publi c or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333 (c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702 ‐ 44716 of this title if th e Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).Given the small size of the UAS involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemptio n, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in

environm ental impacts, including reduced emissions associated with allowing UASs for aerial inspections, surveying, photography and videography, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Donn Wojtowicz dba: (Drone Data Sets), proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limita tions listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial inspecti ons, surveying and photography and videography operations conducted with conventional aircraft.

These limitations and conditions to which Donn Wojtowicz, dba: (Drone Data Sets), agrees to be bound when conducting commercial operations under an FAA issued e xemption include:

 The UAS will weigh less than 55 lbs.

 Flights will be operated within line of sight of a Pilot‐In Command (PIC) and a Safety Observer (SO).

 Maximum total flight time for each operational flight will be 30 minutes or less. Flights will b e terminated at 25% battery power reserve should that occur prior to the 30

- minute limit.

 Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform for which filming is planned.

 Minimum cre w for each operation will consist of the UAS Pilot and one Visual Observer.

 The UAS will only operate within the defined project area, the boundaries of which will be determined by the UAS Pilot‐In‐Command (PIC) based on the site‐specific activities and s peed of the UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and local government officials as applicable.

 A briefing will be conducted in regards to the planned UAS operations prior to each day’s operation. It

will be mand atory that all personnel who will be performing duties within the boundaries of the project be present for this briefing.

 The UAS Pilot and Safety Observer will be able to communicate by voice and/or two

- way radio communication system at all times.

 The operations of the UAS will be limited to daylight‐only operations.

 If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Project Perimeter and land safely.

 The UAS w ill have the capability to abort flight in case of unpredicted obstacles or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area
associated with the aircraft to be uti lized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both auth orize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating w ith an airworthiness certificate without the restrictions and conditions proposed.

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, the Donn Wojtowicz dba: (Drone Data Sets), o peration of DJI Phantom 3 Professional , 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.

Donn Wojtowicz dba: (Drone Data Sets), requests exemption fro m 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. Donn Wojtowicz dba: (Drone Data Sets), submits that the

r equested relief is proper since an equivalent level of safety will be ensured. Donn Wojtowicz dba: (Drone Data Sets), will use methods, techniques, and practices prescribed in the operating manual Provided by the
Manufacture DJI Phantom 3 Professional. Donn Wojtowicz dba: (Drone Data Sets) Will Daily and every mission go through a Mandatory, Pre

- Flight Check List insuring

, Air worthiness and Public Safety at all times.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot pr ivileges and limitations:
Pilot in command , is requested by Donn Wojtowicz dba: (Drone Data Sets), to the extent necessary to allow a Pilot in Command (PIC) meet or exceed the described requirements of operations set by manufacturer, and
who has demonstrate d, that the PIC is able to safely operate the DJI Phantom 3 Professional, s UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from Section 91.7(a), entitled Civil aircraft airworthiness

, since the DJI Phantom 3 Professional

, do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Donn W ojtowicz dba: (Drone Data Sets), submits that

he will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by determining that the UASs are in compliance with the operating documents ( DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. Donn Wojtowicz dba: (Drone Data Sets), also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional, will no t have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional, 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 Donn Wojtowicz dba: (Drone Data Sets), operation of the DJI Phantom 3 Professional, UAS within visual line of sight, at or below 400 feet AGL, will ensure a le vel of safety equivalent to Section 91.121.Additionally, Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . JWR submits that safety will not be
af fected by operation of the DJI Phantom 3 Professional, UAV during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 30 minutes to the first point of intended landing and, assuming normal cruising speed, to fly
after that for at least 5 minutes.

Donn Wojtowicz dba: (Drone Data Sets), seeks an exemption from the requirements of:

Section 61.113(a) & b).

Exemption from Section 61.113(a) and (b) en titled Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PIC meet all requirements as described in the DJI Phantom 3 Professional, owner’s manual to conduct the proposed UAS flight operations for co mpensation 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, Donn Wojtowicz dba: (Drone Data Sets), submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional

, s UAS unless that PIC has demonstrated that the PIC is able to safely operate either the DJI Phantom 3 Professional 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.

Donn Wojtowicz dba: (Dr one Data Sets), submits that all flights of the DJI Phantom 3 Professional, s UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Donn Wojtowicz dba: (Drone Data Sets), business; and (2) will not carry passengers or pr operty for compensation or hire.

91.7(a).

R elief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Donn Wojtowicz dba: (Drone Data Sets), to determine that the DJI Phantom 3 Professional UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DJI Phantom 3 Professional, Operations Manual, Instruction Manual).

Donn Wojtowicz dba: (Drone Data Sets), seeks the requested relief because the DJI Phantom 3 Professional, UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore : Donn Wojtowicz dba: (Drone Data Sets), will ensure that the DJI Phantom 3 Professional s U AS is in airworthy condition based upon its compliance with t he operating documents (i.e. Pre

- Flight Check List

, and DJI Phantom
3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in
condition for safe flight, as stated in the conditions and limitations below.91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI
Phantom 3 Professional , which utilize a barometric pressure sensor, GPS eq uipment, 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 c ontrol (ATC) in feet above ground level (AGL), JWR seeks the requested relief because
the DJI Phantom 3 Professional, UA altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety w ill be maintained since the DJI Phantom 3 Professional, UA 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 wit h altitude information of the UA on the heads‐up display of the GCS.

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 Phant om 3 Professional, UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Donn Wojtowicz dba: (D rone Data Sets), seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional, UA will severely constrain the practicality of any aerial video or still photo flight operations that Donn Wojtowicz dba: (Drone Data Sets), proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional, UAS, the DJ I
Phantom 3 Professional,instructions, and operating documents, and Donn Wojtowicz’s dba: (Drone Data Sets), proposed operating limitations, ensure that Donn Wojtowicz dba: (Drone Data Sets), will safely operate the battery powered DJI Phantom 3 Professiona l, 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 25 minutes to the first point of intended landing and, assuming normal cruising speed, to fly a fter that for at least 4.5 minutes. 14 CFR 45.23(b)

Marking of the Aircraft;

Applicable codes of Federal Regulation require aircraft to be marked according to certain specifications. UAV Field Services UASs are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station
on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. Regardless, UAV Field Services will mark its UAS in the largest possible lettering by placin g the "N "number on its fuselage as required by 14 CFR 45.29 (f) so that the pilot, technician, spotter and others working with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through‐

Exemption No 10167 and 10700

, 5. 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, Donn Wojtowicz dba: (Drone Data Sets), r equests relief from these Sections because
the DJI Phantom 3 Professional, UAS do not require airworthiness certificates. As set forth more fully below,the DJI Phantom 3 Professional, UAS meet the conditions of FMRA Section 333 for operation without an

ai rworthiness certificate. Accordingly

, Donn Wojtowicz dba: (Drone Data Sets), 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., and DJI Phantom 3 Professional, Instruction Manual). Furthermore, Donn Wojtowicz dba: (Drone Data Sets), will document and maintain all maintenance
records for the DJI Phantom 3 Professional UAS.

The Reasons for granting this request are entirely beneficial to the public and community as a whole.

G ranting the present Petition will further the public interest by allowing Donn Wojtowicz dba: (Drone Data Sets), to safely, efficiently, and economically perform aerial video and photographic surveys and inspections of construction sites, rights of way, utility easements, and other sites of Construction

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c)

of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule making required under Section 332 of the Reform Act. In making this determi nation, the Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UAS’s size, weight, speed and operational capability;

 Operatio n of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id. the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333 (c).

Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress
envisioned that the FAA mus t, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reductio n in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

BENEFICIAL TO THE PUBLIC/COMMUNITY

 The Public Will Benefit from Decreased Congestion of the NAS.

T he DJI Phantom 3 Professional, UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowin g the use of a DJI Phantom 3 Professional, 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 Professional, UA do not requirean airport to takeoff or land. Likewise, a reduction of manned aircraft conductin g 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.

 The Public Will Benefit f rom The Safety a nd Efficie ncy o f The DJI Phantom 3 Professional UAS.

C onducting aerial acquisitions with the DJI Phantom 3 Professional, 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 Professional, UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, si x

- cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20‐30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional, UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional, UAS to perform aerial observation, 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 a ircraft, the DJI Phantom 3 Professional, UA (weighing approximately 2 pounds 11 ounces, at their maximum gross weights with length of 16 inches, widths of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

 Pe rforming Aerial Video and Photography, Surveys and Inspections, Operations with the DJI Phantom 3 Professional, UAS Will Benefit the Economy.

I n addition to being safe and efficient, the DJI Phantom 3 Professional, UAS are also provides an economical
alt ernative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional, UAS will allow Donn Wojtowicz dba: (Drone Data Sets), to provide quality services to the residents and businesses of the Region at minimum costs. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, agencies must adopt new and alternative technology in continue to provide required serv ices at reasonable costs. Operating the battery powered DJI Phantom 3 Professional, UAS is one such technology that not only allows agencies & companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional, Donn Wojtowicz dba: (Drone Data Sets), can maintain and hopefully improve our ability to operate and maintain critical infrastructure and at the same time collect important data for further development of system‐wide modeling of water, water, storm

- water and roadway systems as well as provide accurate and current data related to environmental issues such as ground cover, vegetation & wildlife habitats.

 Th ere Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Donn Wojtowicz dba: (Drone Data Sets), proposed operation of the DJI Phantom 3 Professional, UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional, UAS will be operated only in compliance with operating documents (i.e., th Donn Wojtowicz dba: (Drone Data Sets), Operations Protocol,and DJI Phantom 3 Professional, Instruction M anual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the maximum altitude limitations as per the requirements of 14 C.F.R. § 91.119.

** 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 Donn Wojtowicz dba: (Drone Data Sets), SEEKS EXEMPTION:

 Reasons W hy The DJI Phantom 3 Professional, Meet The Conditions o f The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

I n consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Do nn Wojtowicz dba: (Drone Data Sets), operation of the DJI Phantom 3 Professional, 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.

In seeking this exemption, Do nn Wojtowicz dba: (Drone Data Sets), submits that the DJI Phantom 3
Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the
characteristics of the DJI Phantom 3 Professional, UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

The Specifications o f The DJI Phantom 3 Professional, UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional, UAS do es not create a hazard to users of the NAS or the public, o r otherwise pose a threat to national security considering its size, weight, spee d, and operational capability. Technical Specifications of The DJI Phantom 3 Professional, UAS

. The technical specifications of the DJI Phantom 3 Professional, UAS are set forth by the DJI Phantom 3 Professional, UAS Specifications and Data Sheet attached.

The DJI Phantom 3 Professional, UAS Autonomous Flight a nd Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional, 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 Professional, UAS are included
in the User Manuals.

The DJI Phantom 3 Professional, UASs Are Designed f or Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Lin k is lost, the DJI Phantom 3 Professional, UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional, UAS does not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home pos ition (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional, UAS UA are set forth in
the DJI Phantom 2 Vision+ User Manual, attached. iv. T he DJI Phantom 3 Professional, UAS GCS a nd Its
Operation. A complete description of the operation and specifications of the DJI Phantom 3 Professional,

UAS GCS and flight control software is provided in the DJI Phantom 3 Professional, UAS User Manual.

Flights o f DJI Phantom 3 Professional, UAS Will Be Conducted Pursuant t o Specific Operating Limitations.I n seeking this exemption, Donn Wojtowicz dba: (Drone Data Sets), proposes to commercially operate the DJI Phantom 3 Professional, UAS for the spec ial 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 aircraft
described in t he operating documents, rotorc raft UASs weighing less than 55 pounds

. maximum gross weight: DJI Phantom 3 Professional, UAS Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UA must be operated at an altitude of no more than 40 0 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

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

6. The use of first person view camera to satisfy the visual line of site by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must b e 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 ens ure 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 permitt ed 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 limitation s 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 out lined 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 pre sent 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 maintenance has been performed
and the UAS is found to be in a condition for safe fl ight. 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 the UAS operation or flig ht 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 potenti al discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

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

14. The operator must carry out its 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 meet or exceed all requirements as set forth by manufacturer in order to justifiably operate the DJI Phantom 3 Professional, UAV or hold an equivalent pilot license approved by the FAA.

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 documen ts.

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 p ower 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 op erations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be
conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with 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. B efore conducting operations, the radio frequency spectrum used for operation and control
of the UA mu st comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The UA must remain clear and yield the right of way to all manned aviation operations and
activities at all times.

29. The UAS may not be operated by the PIC from any moving device or vehicle.

30. All operations shall be conducted over publicly owned or controlled property. Any operation over privately owned property would require permission from the land owner/controller or authorized repr esentative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as de fined 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.govDonn Wojtowicz AFFIRMS ALL INFORMATION LISTED ABOVE TO BE TRUE AND BINDING UPON FAA’S
FINDINGS OF EXEMPTION REGARDING COMMERCIAL OPPERATIONS OF LISTED UAS, UNTIL FURTHER NOTICE OF LAWS OR REGULATIONS DECIDED BY THE GOVERNEMENT/FAA.

THANK YOU Sir/ Madam FOR YOUR CONSIDERATION.

Professionally,

Donn Wojtowicz

6105 “B” 38 th Street

Lubbock, Texas 79407

djwojodj@gmail.com

PH: 602

- 628

- 8965