U.S. Department ofTransportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590 November 17,2015

Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe FAA Regulations and certain parts ofthe FARs. Dear Sir or Madam: Request: In order to provide safe apd environmentally-friendly aerial videography and photography for and public business interests, I, Evan Brown, pursuantto Section 333 of the FAA Modernization and Reform Act of2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 regulations:

• 14 C.F.R. Part 21 • 14 C.F.R. 45.23(b) • 14 C.F.R. 61.113(a) and (b) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.119(c), • _14 C.F.R. 91.121, • 14 C.F.R. 91.151(a)(l), • 14 C.P.R. 91.203(a) and (b), • 14 C.F:R. 91.405(a), • 14 C.F.R. 91.407(a)(l), • 14 C.F.R. 91.409(a)(l) and (2), • 14 C.P.R. 91.417(a) and (b) I amrequesting these exemptions so that I may safely operate the DJI Phantom 3 Professional UAS commercially along the guidelines ofthe accompanying operator's manual as well as P AA guidelines for UAS flight and safety guidelines set by the Academy ofModel Aeronautics (AMA). Proposed UAS and Operations The DJI Phantom 3 Professional weighs less than three pounds, will always be flown under 400 feet limited via software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in accordance with FAAguidelines). The aforementionedproposed exemptions would allow me to operate the DJI Phantom 3 Professional UAS for commercial purposes ofaerial videography and photography as a serviceto public and business interests, including: real-estate photography and videography, wedding and private individual photography and videography, public andcommercial photography and videography, and agricultural photography and videography. Being a graduate student inProfessional Media and Media Management at Southern Illinois University Carbondale, I would also use this UAS to produce projects for my classes and graduate assjstantship duties, the products ofwhich may be published in local areabusinessesand ontheir respective websites. Asevidenced by recent ExemptionNos. 12045 and 12058, the FAA recently approved similar use ofthe DJI Phantom 3 Professional UAS. These particularUAS have been provenreliable and safe flying machines managedby gyroscopically-stabilized flight, ground detection, GPS-aided navigation, a built-in compass, blinking LED lights, a manual and automatic failsafe "ReturnTo Home" mode for returning to the pointof takeoff, and propeller guards in orderto protect both the UAS and the environment. This particular model combines state-of-the-art, proventechnology withhigh quality manufacturing and user-friendly control to ensure safe operation and easy maintenance and care. 

### Specific section(s) of 14 CFRwhich I seekreliefand the reason(s) I seekrelief: 14 C.F.R. Part21:Airworthiness Certificates Giventhe size and limited operating area associated withthe UAS to be utilized, an exemption from Part 21 meetsthe requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. As evidenced inExemption No. 12045, "in all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, inthe restricted environment and underthe conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate withoutrestrictions and conditions proposed." 14 C.F.R. 45.23: Display of marks: general Becausethe DJI Phantom 3 Professional does nothave a cabin, cockpit, pilot station, fuselage, boom, ortail onwhichto mark large words, numbers, orphrases, I request exemption from the above regulation. However, in efforts to comply withthe above regulation andthose set by the Academy ofModel Aeronautics (AMA), I will affix a

. small label to the external hull ofthe UAS indicating my name, address, and my AMA

Member Number. 14 C.F.R. 61.113(a) & (b): Privatepilotprivileges andlimitations: Pilot in command Under 

### § 61.113 (a) and (b), certifiedprivate pilots are limitedto noncommercial operations. However, I am able to achieve an equivalent level ofsafety through currentFAA regulations ofUAS operation and AMA safety guidelines (outlined in the summary ofthis document) without such a certificationbecause ofthe above mentioned safety features ofthe DJI Phantom 3. According to Exemption No. 12045 in whichthe DJI Phantom 3 Professional was authorized for similar operation, "The FAAhas previously declared that additional manned airship experience ofa commercially certified pilot would not correlateto the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation through ExemptionNos. 11062 and 11138." Therefore, bearing any pilot certification orlicense will not ensure remote piloting skills ofa UAS; the risks ofoperating this UAS are far less thanthe risk levels inherent in commercial activities withtraditional aircraft given the DJI Phantom's safety features and the limited range and speed ofthe UAS. The FAAhas approved a similar exemptionto the above rule as evidenced in ExemptionNo. 12058.

14 C.F.R 91.7: Civil aircraftairworthiness Currently there is no certificate applicable to this UAS, and therefore it will beup to myself, Evan Brown, to determine the airworthiness ofthe DJI Phantom 3 in accordance with its official operating manual. Written and signed pre andpost-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connectedtablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom's display of"Safeto Fly" message will be perfoimed before and after each flight, accurate records ofwhich will be kept with the UAS's storage andtransportation system at all times. These records will be dated and will include the total flight time of each flight. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placardrequirements As evidenced in Exemption 12045, since there are "nopilots orpassengers onboard this aircraft, and given its size, this regulation is inapplicable. Anequivalent level ofsafety will be achieved by maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase ofthe Phantom 3, following the AMA guidelines for safe flight operations and the FAAregulations for UAS operations will ensure a high level ofsafety. 14 C.F.R. 91.119(c): Minimum safe altitudes I, Evan Brown will ensure that the UAS does not operate any higher than400 feet at ground level by setting the maximum altitude at 400 feet in DJI's pilot application and ensuring this is set before each flight as partofthe pre-flight inspection. I will not fly overcongested areas or directly above unprotected people ormoving vehicles. I will plan operations before hand for properflight safety andproperheight analysis as to avoid collisions. The GPS and barometric sensors equipped onthe DJI Phantom 3 will ensure accurate altitude readings, the output ofwhichwill be fed to my tablet device in real time as I operate the UAS.14 C.F.R. 91.121: Altimetersettings The DJI Phantom 3utilizes the latest GPS/GLONASS technologies as well as a barometric sensor with live data outputto the tablet device attached to the transmitter. An equivalent level ofsafety and accurate altimeter telemetry will be achieved by using this. 14 C.F.R. 91.151(a)(1): FuelRequirements for flight in VFR conditions The DJI Phantom 3 is electrically-powered by lithium ionbatteries which are made by DJI specifically for this particularUAS. They are rated as providing no longerthan 25 minutes offlight time. Therefore, due to the limitations ofthe batteries, it is currently impossible to comply withpart 91.151. 14 C.F.R. 91.203(a) and

### (b): Civil aircraft: Certifications required Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, EvanBrown, howeverwill always fly safely while having the manuals oftheDJI Phantom 3 and abiding by FAAregulations for UAS operation and AMA safety guidelines. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after maintenance,preventive maintenance, rebuilding, oralteration, 14 C.F.R. 91.409(a)(l) and(2): Inspections 

### & 14 C.F.R. 91.417 (a) and(b): Maintenance records Maintenance inspections may be required and should be granted since they apply to aircraft with an airworthiness certificate. However I, Evan Brown, will perform both preflight and post-flight inspections ofthe UAS before and after each flight as outlined in the operating documents. I, EvanBrown, will also follow manufacturerrecommendations from said operating documents andkeep a writtenrecord ofany maintenance done to the UAS. Public Interest and Public Safety: Aerial photography and videography providedto thepublic allows for a more cost-effective, safe, and environmentally-friendly methodto capturing imagery than its alternative: manned aircraft and helicopters. The latter are expensive to operate and maintain, create a high level ofnoise, and are much more hazardous due to size and combustible fuel

- especially ifflown at low altitudes required for some operations. I, Evan Brown, in addition to using my UAS for commercial endeavors, will also gladly offer my services free ofcharge uponrequest and withproper coordinationto any official search and rescue or emergency services organizationto benefitthe public. Because of this, an increase ofcommercial activity and a gaining ofmore detailed understanding of private and/or farm land would help local and area communities by: reducing pollution, risk, and operating costs by alternative aerial video and photography services such asmanned airplanes and helicopters, reducing carbon emissions and traffic congestionby vehicles looking to viewproperties such as real-estate orfarm land, and increase visibility to local attractions thereby bolstering local commerce and tourism. Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and has propeller guards, as well as having a lowmaximum speed (less than 25mph), safe operation ofthis craft does not pose any immediate danger to the environment, wildlife, infrastructure orpeople. DJI has built in a "No Fly Zone" for major cities and points of interestthathave registered as a "donot fly zone." Operation ofthe Phantom 3 cannot happen in these locations, as any flight capabilities becomes blocked by the UAS itselfif withinrange and the operator is notified. Given its GPS and ground-sensing capabilities, a failsafe "ReturnTo Home" mode will safely return the craftto the operator at the push ofa single button or automatically when the craft is eitherlow onpoweroroperating outside ofits transmitter's range. This ensures thatthe craft will not remain airborne in unsafe conditions and pose any public danger. Summary I, Evan Brown, am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). Withthe exemptions ofthe mentioned rules I, Evan Brown, will be seeking to make my UAS photography/videography services available to public and commercial interests. The FAAhas authorized similar operations under ExemptionNos. 12045 and 12053. Alternatively, public and commercial interests hadpreviously sought the use ofmanned aircraft to achieve whatI can offer ina safer, more cost-efficient and environmentally-friendly manner by notusing combustible fuel, flying at safe heights and strictly following the usage recommendations from DJI and safety procedures by the Academy ofModel Aeronautics. These include but are not limited to:

• Flyingthe DJI Phantom 3 safely in accordance with its operator's manual • Maintaining active and full membership inthe Academy ofModel Aeronautics

(AMA), whichprovides'a high level ofinsurance and training programs to its members. • Always flying below 400 feet, using the DJI Phantom's altitude limiter to ensure this. • Completing thorough inspection ofUAS before and after flights and keeping inspection records withthe craft at all times • Keeping the UAS invisual sight at all times when in operation • Using an observerto assist ifneeded • Remaining safely clear ofand do not interfere with manned aircraft operations • Not flying directly over unprotected persons or moving vehicles • Not flying within 5 miles ofan airport or control tower • Notflying in adverse weather conditions such as highwinds, rain, or impaired visibility • Not flying underthe influence ofalcohol or drugs• Ensuring the operating environment is safe • Notflying over sensitive infrastructure orproperty such as power stations, water treatment facilities, correctional facilities, etc. • Checking and following all local laws and ordinances before flying overprivate property • Not conducting surveillance or photographingpersons in areas where there is an expectation ofprivacy without the individual's permission In addition to these above general standards, I, Evan Brown, will follow and abide by the following AMA safety guidelines: A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of sustained flight in the atmosphere. [This includes UAS such as the Dll Phantom 3]. 1. Model aircraft will notbe flown: (a) In a careless orreckless manner. (b) At a location where model aircraft activities are prohibited. 2. Model aircraft pilots will: (a) Yield the right ofway to all human-carrying aircraft. (b) See and avoid all aircraft and a spotter mustbe used when appropriate. (AMA Document#540-D.) (c) Not fly higher than approximately 400 feet above ground level orwithin five miles ofan airport. (d) Not interfere with operations and traffic patterns atany airport, heliport or seaplane base. (e) Not exceed a takeoffweight, including fuel, of55 pounds. (AMA Document 520-A.) (f) Ensure the aircraft is identified with the name and address orAMA number of the owner onthe inside or affixed to the outside ofthe model aircraft. (g) Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA Document#555.) (h) Not operate model aircraft while underthe influence ofalcohol orwhile using any drug that could adversely affect the pilot's ability to safely control the model. (i) Not operate model aircraft carrying pyrotechnic devices that explode orbum, or any device which propels a projectile or drops any objectthat creates a hazard to persons orproperty. G) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document#510-A.) 3. Model aircraft will notbe flown in AMA sanctioned events, air shows ormodel demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended oranticipated priorto the specific event.(b) Aninexperiencedpilot is assisted by an experienced pilot. 4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards. B. RADIO CONTROL (RC) 1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment oflife and property ofothers. 2. A successful radio equipment ground-range check in accordance with manufacturer's recommendations will be completed before the first flight ofa new or repaired model aircraft. 3. At all flying sites a safety line(s) must be established infront ofwhich all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front ofthe safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited. 4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal Communications Commission (FCC). 5. RC model aircraft will not knowingly operate within three (3) miles ofany pre-existing flying site without a frequency-management agreement. (AMA Documents #922 and #923.) 6. With the exception ofevents flown under official AMA Competition Regulations, excluding takeoffand landing, no powered model may be flown outdoors closerthan 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline. 7. Under no circumstances may a pilot or otherpersontouch an outdoor model aircraft in flight while it is still under power, except to divert it from striking an individual. 9. The pilot ofan RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other thanby corrective lenses prescribed for the pilot. (c) Fly using the assistance ofautopilot or stabilization system only in accordance with the procedures outlined in AMA Document#560.C. FREE FLIGHT 1. Mustbe atleast 100 feet downwind ofspectators and automobileparking when the model aircraft is launched. 2. Launch areamustbe clear ofall individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any [fire] onthe model aircraft. 4. The flying areamustbeclearofall utility wires orpoles and a model aircraft will not be flown closerthan 50 feet to any above-ground electric utility lines. 5. The flying area mustbe clearofall nonessential participants and spectators before the engine is started.

I thank you for your time and effort inprocessing this request and look forward to cooperating with the FAA inits continued commitment for the safe operation ofUAS. Sincerely, EvanBrown 612 E. Campus Drive Apt. C7 Carbondale, IL 62901 ebrownent7@gmail.com 773-632-6219