McChan Rawson

SeaGrizzly, LLC

525 Meadow Wood Cir

Dillon, Colorado 80435

www.seagrizzly.com

970.333.3017

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE Washington DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

To Whom it May Concern:

This application is substantially based on the FAA's findings in Exemption No.

FAA–2015–2779, granted on September 25, 2015, and in reliance on the analysis provided therein.

SUMMARY

SeaGrizzly, LLC seeks exemption from the requirements of 14 C.F.R §§ 61.23(a) and

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) and (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 SeaGrizzly, LLC to operate

an UAS for the commercial purpose of conducting aerial video and photography of inspection sites over certain

areas of the United States.

INTRODUCTION OF THE PETITIONER

SeaGrizzly, LLC provides its clients with video and photos from the Aerial perspective.

The objective of SeaGrizzly, LLC is to provide the best and most effective photo and video of homes and landscapes

for use in sales and information to clients.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

SeaGrizzly, LLC seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI

Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control

Station (GCS) utilizing electronic tablet or smart phone systems in tandem with its own dedicated remote system.

The DJI Phantom 3 Professional has a maximum gross weight of 2.7 pounds with a diagonal size of 23.3 inches and

a maximum speed of approximately 31 knots. The DJI Phantom 3 Professional is equipped with four main rotors

driven by a 6000mAh LiPo 2S powered electric motors and a Panasonic Smart FSI 1/2.3", Effective pixels 12M (Total

pixels 12M) for image capture.

The DJI Phantom 3 Professional that will be operated by SeaGrizzly, LLC will be registered in accordance with 49

U.S.C. 44103, as well as 14 C.F.R. Part 47, and marked in accordance with 14 C.F.R. Part 45.

BASIS FOR PETITION

Petitioner, SeaGrizzly, LLC, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and

FAA Modernization and Reform Act of 2012 (FMRA), Section 333, hereby petitions the Administrator to

commercially operate the DJI Phantom 3 Professional UAS in the National Airspace System (NAS), and for an
exemption from the requirements of 14 C.F.R §§ 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a),

91.119(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) & (b). In consideration of the speed,

weight, size, and limited operation area associated with the unmanned aircraft and its operation, SeaGrizzly, LLC’s

operation of DJI Phantom 3 Professional meets the conditions of FAA Modernization and Reform Act of 2012

(FMRA) Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Accordingly, SeaGrizzly, LLC requests relief from §§ 91.405(a) 91.407(a)(1), 91.409(a)(1) & (2), and

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an

airworthiness certificate. SeaGrizzly, LLC submits that the requested relief is proper since an equivalent level of

safety will be ensured. SeaGrizzly, LLC will use experienced personnel or technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

Furthermore, SeaGrizzly, LLC will document and maintain all maintenance records for the DJI Phantom 3

Professional UAS.

Relief from certain requirements of § 61.23(a) & (c) entitled Medical certificates: Requirement and duration, is

requested by SeaGrizzly, LLC to operate the DJI Phantom 3 Professional without an issued medical certificate.

SeaGrizzly, LLC will require all pilots to have an annual physical to ensure the pilot is fit to command. Relief from §

61.101(e)(4) & (5), 61.113(a), and 61.315(c)(2) & (3) entitled Recreational pilot privileges and limitations, Private

pilot privileges and limitations: Pilot in command, and What are the privileges and limits of my sport pilot

certificate? Respectively, is requested by SeaGrizzly, LLC to the extent necessary to allow a PIC holding a

recreational, private, or sport pilot certificate, as well as a state Driver’s license, and who has demonstrated, by

meeting minimum flight hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles, and structures where necessary.

Relief from § 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 Professional UAS does not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SeaGrizzly, LLC

submits the they will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every

flight, by determining that the UAS is in compliance with the operating documents (i.e. Monthly Maintenance Log,

and DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight.

Relief from § 91.119(c), entitled Minimum safe altitudes: General , because SeaGrizzly, LLC intends to use the DJI

Phantom 3 Professional to collect aerial video and photographs of buildings and structures involved in an client

session. Outside of structures involved in an client session, SeaGrizzly, LLC will maintain safe distance from

structures, people, vessels, and vehicles.

Relief from § 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UA will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional UA will be

provided to the PIC via GPS equipment and radio communications telemetry data link, which downlinks from the

UA to the Ground Control System for active monitoring of the flight path. This altitude information, combined with

SeaGrizzly, LLC’s operation of the DJI Phantom 3 Professional within VLS at or below 500 feet AGL, will ensure a

level of safety equivalent to § 91.121.

Relief from § 91.151(b), entitled Fuel requirements for flight in VFR conditions. SeaGrizzly, LLC submits that safety

will not be affected by operation of the DJI Phantom 3 Professional UA during daylight visual meteorological

conditions (VMC) under VFR, with enough battery power to fly for a total duration of approximately 13 minutes to

the first point of intended landing and assuming normal cruising speed, to fly after that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, SeaGrizzly, LLC provides the following information in support of its petition for

exemption:

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
A. Name and address Of the Petitioner.

The name and address of the Petitioner and point of contact is:

SeaGrizzly, LLC

McChan Rawson

525 Meadow Wood Cir

Dillon, Colorado, 80435

B. The Specific §§ of 14 C.F.R. From Which SeaGrizzly, LLC Seeks Exemption.

1. SeaGrizzly, LLC Seeks Exemption from the Requirement of §61.23(a) & (c).

§ 61.23, entitled Medical certificates: Requirement and duration, subsections (a) and (c) prescribe the following

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a

person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or

supplemental operation in part 121 of this chapter that requires three or more pilots;or

(iii) When serving as a required pilot flight crew member in an operation conducted under part 121 of this chapter if

the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than

operations specified in paragraph (a)(1)(ii) of this section);or

(ii) Privileges of a commercial pilot certificate;or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;

(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight

crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline

transport pilot certificate, or for a flight instructor certificate;or

(vii) When performing the duties as an Examiner in an aircraft when administering a practical test or proficiency

check for an airman certificate, rating, or authorization.

(c) Operations requiring either a medical certificate or U.S. driver's license.

(1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S.

driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light sport aircraft

other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light sport aircraft other than a glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in

command or serving as a required flight crewmember of a light sport aircraft other than a glider or balloon;or (iv)

Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a light sport

aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or

administrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or

her most recent application (if the person has applied for a medical certificate);

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
(iii) Not have had his or her most recently issued medical certificate (if the person has held a medical certificate)

suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn;and

(iv) Not know or have reason to know of any medical condition that would make that person unable to operate a

light sport aircraft in a safe manner.

2. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 61.101(e)(4) & (5).

§ 61.101, entitled Recreational pilot privileges and limitations , subsection (e)(4) states the following:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command

of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

3. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § (5), 61.113(a).

§ 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsection (a) states the following:

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate

may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire;nor

may that person, for compensation or hire, act as pilot in command of an aircraft.

4. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 61.315(c)(2) & (3).

§ 61.315, entitled What are the privileges and limit of my sport pilot certificate? , subsection (c)(2) &

(3) states the following:

(c) You may not act as pilot in command of a light sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.

5. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.7(a).

§ 91.7, entitled Civil aircraft worthiness, subsection (a), states that:

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

6. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.119(c).

§ 91.119, entitled Minimum safe altitudes: General , subsection (c) states that: Except when necessary for takeoff or

landing, no person may operate an aircraft below the following altitudes:

(c) O ver other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel,

vehicle, or structure.

7. SeaGrizzly, LLC Seeks Exemption From The Requirement Of §

91.121.

§ 91.121, entitled Altimeter Settings , subsection (a)(1) states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case

may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported

altimeter setting of an appropriate available station;or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate

altimeter setting available before departure.

8. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.151(b).

§ 91.151, entitled F uel requirements for flight in VFR conditions, subsection (b), states the following:

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
(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.

9. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.405(a).

§ 91.405, entitled Maintenance required , subsection (a) states: 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.

10. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.407(a)(1).

§ 91.407, entitled O peration after maintenance, preventive maintenance, rebuilding, or alteration, subsection

(a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or

alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this chapter.

11. SeaGrizzly, LLC Seeks Exemption From The Requirement Of § 91.409(a).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the

preceding 12 calendar months, it has had—

(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.

12. SeaGrizzly, LLC Seeks Exemption from The Requirement Of § 91.417(a) & (b).

§ 91.417, entitled Maintenance records, subsections (a) & (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 100hour, annual,

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe)

and each engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed;and

(ii) The date of completion of the work performed;and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life limited parts of each airframe, engine, propeller, rotor, and appliance.

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

specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the

inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the

method of compliance, the AD or safety directive number and revision date. If the AD or safety 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 alteration to the airframe and

currently installed engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or

superseded by other work or for 1 year after the work is performed.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the

time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until

the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks The Relief.

1. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 61.23(a) & (c).

Relief from § 61.23(a), entitled Medical certificates: Requirement and duration, is requested to the extent necessary

to allow a PIC, with a current physical from an approved practitioner but no medical certificate, to pilot the DJI

Phantom 3 Professional. The limitations of § 61.23(a) sets forth the level of medical certificate one needs in order to

pilot an aircraft. However, because the DJI Phantom 3 Professional does not require a physical pilot inside the

vessel and because the DJI Phantom 3 Professional can be programmed to safely return, within the same

limitations the PIC would be required to follow, to the GCS and land in the event of loss of range or other

emergencies a current physical will maintain a similar level of safety as the medical certificate would. SeaGrizzly,

LLC requests that a current physical and valid driver’s license meet the safety requirements of this section.

2. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 61.101(e)(4) &

(5), 61.113(a), And 61.315(a).

Relief from §§ 61.101(e)(4) & (5), 61.113(a), and 61.315(a), entitled Recreational pilot privileges and limitations,

Private pilot privileges and limitations: Pilot in command, and hat are the privileges and limits of my sport pilot

certificate? , is requested to the extent necessary to allow a PIC holding a recreational, private, or sport pilot

certificate as well as a valid driver’s license and current physical, and who has met certain flight hour and currency

requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested

since the limitations set forth state that private, recreation, or sport pilots 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, SeaGrizzly, LLC submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless

that PIC has met certain flight hour and currency requirements, demonstrating that the PIC is able to safely

operate either the DJI Phantom 3 Professional 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 that are not part of an client

session.

Further, SeaGrizzly, LLC submits that all flights of the DJI Phantom 3 Professional conducted by the PIC pursuant to

the grant of this Petition: (1) will be incidental to business;and (2) will not carry passengers or property for

compensation or hire.

3. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 91.7(a).

Relief from § 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow SeaGrizzly, LLC

to determine that the DJI Phantom 3 Professional UAS is in airworthy condition prior to every flight by ensuring

that the UAS is in compliance with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual).

SeaGrizzly, LLC 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, SeaGrizzly, LLC will ensure that

the DJI Phantom 3 Professional UAS is in airworthy condition based upon compliance with the operation

documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) prior to every

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

limitations below.

4. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 91.119(c).

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
Relief from § 91.119(c), entitled Minimum safe altitudes: General, will be necessary in order to conduct various

client sessions. The DJI Phantom 3 Professional would need to get close vessels, vehicles, and structures involved

in the photography / videography in order to capture clear photographs of the inspection site.

Specifically, the § limits getting within 500 feet of any person, vessel, vehicle, or structure. SeaGrizzly, LLC

requests relief from this limit against vessels, vehicles, and structures only when part of an active client session

with the property owner’s previous permission. Considering the hovering capabilities of the DJI Phantom 3

Professional, which is ± 0.1 m vertically (when Vision Positioning is activated) and ± 1.5 m horizontally, a safer than

500 feet distance can be maintained. Furthermore, SeaGrizzly, LLC will incorporate a second remote system so that

the VO or a third participant can operate the photography will the PIC can verify that the DJI Phantom 3

Professional is maintaining a safe distance from the structure, vehicle, or vessel.

5. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 91.121.

Relief from § 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3

Professional UAS, which utilize 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), SeaGrizzly, LLC seeks the requested relief because the DJI Phantom 3

Professional UA’s 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 is sought to the

extent necessary to comply with the applicable conditions and limitations stated below, As more fully set forth

herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional UA is 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 that PIC with altitude information of the UA on the heads up

display of the GCS.

6. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From § 91.151(b).

Relief from section 91.151(b), entitled Fuel requirements for flight in VFR conditions, is requested to the extent

required to allow flights of the battery powered DJI Phantom Standard UA during daylight hours in visual

meteorological conditions, under visual flight rules, for a total duration of 13 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. SeaGrizzly, LLC seeks the

requested relief because without an exemption from this rule will severely constrain the practicality of any aerial

video or still photo flight operations that SeaGrizzly, LLC proposes to conduct pursuant to this Petition.

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

documents, and SeaGrizzly, LLC’s proposed operating limitations, ensure that SeaGrizzly, LLC will safely operate

the battery powered DJI Phantom 3 Professional UA during daylight hours in visual meteorological conditions,

under visual flight rules, with enough battery power to fly for a total duration of 13 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

7. Extent Of Relief SeaGrizzly, LLC Seeks And The Reason SeaGrizzly, LLC Seeks Relief From §§ 91.405(a),

91.407(a)(1), 91.409(a)(1) & (2), And 91.417(a) & (b).

Since §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), And 91.417(a) & (b) only apply to aircraft with an airworthiness

certificate, SeaGrizzly, LLC requests relief from these §§ because the DJI Phantom 3 Professional UAS does not

require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 Professional UAS meets the

conditions of FAA Modernization and Reform Act of 2012 (FMRA) Section 333 for operation without an airworthiness

certificate. Accordingly, SeaGrizzly, LLC will use trained technicians to perform maintenance, alterations, or

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e. Monthly Maintenance Log and DJI Phantom 3 Professional Instruction Manual). Furthermore,

SeaGrizzly, LLC will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
D. The Reason Why Granting SeaGrizzly, LLC Request Would Be In The Public Interest;That Is, How It Would

Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing SeaGrizzly, LLC to safely, efficiently, and

economically perform aerial video and photography of homes, vehicles, vessels, construction sites, and other sites

over certain areas of the United States. Additionally, use of the DJI Phantom 3 Professional UAS will decrease

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

SeaGrizzly, LLC’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating

any privacy issues.

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

The DJI Phantom 3 Professional UA is 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 allowing 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. Additionally, when SeaGrizzly, LLC must collect video and

photographic evidence of ships and vessels off the coast, using the DJI Phantom 3 Professional will result in a

reduction of congestion in the waterways and ultimately a reduction in fuel costs. Furthermore, by reducing the

number of manned aircraft operations in the NAS, congestion around airports caused by arriving and departing

aircraft will be reduced. The DJI Phantom 3 Professional UA does 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 Standard UAS.

Conducting 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 powered 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, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and

photography, while burning approximately 2030 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

UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI

Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life and property in the air and

on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI

Phantom 3 Professional UA (weight approximately 2 pounds 13 ounces at its maximum gross weight with length a

23.3 inches diagonal, 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

(weight approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel

capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional UAS Will

Benefit The Economy

​In addition to being safe and efficient, the DJI Phantom 3 Professional UAS is also an economical alternative to

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional

UAS will allow United States based companies, like SeaGrizzly, LLC, to remain competitive and contribute to

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection

Agency (EPA) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must

adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom

3 Professional UAS is one such technology that not only allows companies greater operational flexibility compared

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS companies, such as SeaGrizzly, 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 performance of U.S. companies, through commercial

use of the DJI Phantom 3 Professional 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, SeaGrizzly, LLC’s

proposed operations of the DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically the

DJI Phantom 3 Professional UAS will be operated in compliance with operating documents (i.e. Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) additionally requiring property owner

involvement as well as local law enforcement notification, and in accordance with the Federal Aviation

Regulations)

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption

Would Provide A Level Of Safety Equal To That Provided By The Rule From Which SeaGrizzly, LLC Seeks

Exemption.

1. Reasons Why the DJI Phantom 3 Professional UA Meet The Conditions Of The FAA Modernization and

Reform Act of 2012 (FMRA) Section 333.

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

its operation, SeaGrizzly, LLC’s operation of the DJI Phantom 3 Professional UAS meets the conditions of FAA

Modernization and Reform Act of 2012 (FMRA) Section 333, and will not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21,

Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements

for considering whether a UAS will create hazard to users of the NAS or the public, or otherwise pose a threat to

national security. Specifically, FAA Modernization and Reform Act of 2012 (FMRA) Section 333 states the following,

in part:

(a) In General.Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of

enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan and rulemaking required by section

332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft 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 or pose a threat to national security;and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of

title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph

(1).

(c) Requirements for Safe Operation.If the Secretary determines under this section that

certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall

establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking

this exemption, SeaGrizzly, LLC submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS

pursuant to FAA Modernization and Reform Act of 2012 (FMRA) Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 Professional UA;(b) the pilot certification requirement;and (c) the specific

operating limitations.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or otherwise pose a

threat to the national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 Professional UAS are set for by the DJI Phantom 3 Professional

User Manual and Safety Guide, attached hereto as Appendix A and B.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Mode 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 is provided at

page 10 of the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 3 Professional UAS Is 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 Professional UA will remain stationary, in flight, for 3 seconds or

more. If, after 3 seconds, the DJI Phantom 3 Professional UA do not reacquire control link data from the GCS, the

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

and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJI

Phantom 3 Professional are set forth at pages 13 of the DJI Phantom 3 User Manual, attached hereto as Appendix

A.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight

control software is provided at pages 21-43 of the DJI Phantom 3 Professional User Manual, attached hereto as

Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The Line Of Sight Of A Certified Pilot in

Command With A Safety Observer.

SeaGrizzly, LLC will be the only company to authorize PICs for the DJI Phantom 3 Professional. Additionally, a

safety observer and photographer will assist the PIC during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, SeaGrizzly, LLC proposes to commercially operate DJI Phantom 3 Professional UAS for

the special purpose of conducting aerial video and photography over certain areas of the 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 the

operating documents, rotorcraft UASs weight less than 55 pounds maximum gross weight: DJI Phantom 3

Professional Unmanned Aircraft 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 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 500 feet 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 UA must be operated within 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 State issued Driver’s License

6. The use of the first person view by the PIC or SO is not permitted.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

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7. All operations must utilize an SO. The SO may be used to satisfy the VLOS requirement as long as the IC 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 other air traffic and

other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made

available to the Administrator upon request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and

limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator

must 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 (AFS80) may be contacted if questions arise

regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The GCS must

be included in the preflight inspection. All maintenance and alterations must be properly document in the aircraft

records.

11. Any UAs that has undergone maintenance or alterations that affect the UAS operation or flight characteristics,

e.ge 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 preflight inspection must account for all potential discrepancies, e.g. inoperable components, items, or

equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement,

inspection, and life limit requirements.

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 UAS operated under this exemption must comply with all manufacture 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 a private, sport, recreational, or higher pilot certificate, at least a current Driver’s License,

and a current physical from an approved practitioner.

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 not involved in the client session. 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 PIC 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

are considered nonparticipants, and the IC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 C.F.R. § 91.119.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be

conducted under VMC. If flight at night is required, a special request will be made at the FAA office closet to

proposed area of operations. Flights under SVFR are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on 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 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 predetermined location within the

planned operating area and land or be recovered in accordance with the operating documents.

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

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 point and land the UA with 25% battery power

remaining.

25. The operator must obtain an 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 NOTAM not more

than 72 hours in advance, but not less than 48 hours prior to 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 (NNumber) markings in accordance with 14 C.F.R. part

45, Subpart C. Markings must be made as large as practical

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must

comply with the 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 GCS of the UAS

any time the UAS in operating. These documents must be made available to the Administrator or any law

enforcement official upon request.

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

time.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the

PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in

the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If

situation arises where nonparticipating persons leave such protection and are within 500 feet of the U, flight

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles, or structures where the owner/controller of such vessels, vehicles,

or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, So, operator trainees, or essential persons do not present an undue hazard to

those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled access property with permission from the land

owner/controller or authorized representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational

area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS80) within 24

hours. Accidents must be reported to the NTSB per instructions contained on the NTSB website: www.ntsb.gov .

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
2. Reasons Why An Exemption From The Requirements Of § 61.23(a) Would Not Adversely Affect Safety.

SeaGrizzly, LLC submits that the equivalent level of safety established by § 61.23(a) will be maintained because no

PIC will be allowed to operate the DJI Phantom 3 Professional unless that PIC has a current physical on file with

SeaGrizzly, LLC and a valid Driver’s License.

The FAA has previously granted relief from § 61.23(a) & (c) specific to UAS, in circumstances similar, in all material

respects to those presented herein (e.g. Exemption Nos. 11410, 11553, 11257, 11213, 11437, 11150A).

3. Reasons Why An Exemption From The Requirements Of §§ 61.101(e)(4) & (5), 61.113(a), And 61.315(a)

Would Not Adversely Affect Safety.

SeaGrizzly, LLC submits that the equivalent level of safety established by §§ 61.101(e)(4) & (5), 61.113(a), and

61.315(a) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional 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 Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures.

Considering SeaGrizzly, LLC’s proposed area of operations, and the operating limitations set forthabove;the

parallel nature of private, recreational, or sport pilot aeronautical knowledge requirements to those of commercial

pilot requirements;and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS,

SeaGrizzly, LLC submits that the additional manned airmanship skills unnecessary for SeaGrizzly, LLC’s specific

proposed flight operations. SeaGrizzly, LLC will not allow any PIC to operate the DJI Phantom 3 Professional UAS

unless that PIC has demonstrated, by meeting minimum flight hour requirements or the DJI Phantom 3

Professional UAS training and currency requirements, that the PIC is able to safely operate the the DJI Phantom 3

Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles, and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours

of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same

make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the

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

Accordingly, SeaGrizzly, LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3

Professional 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 Professional UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles, and structures.

The FAA has previously granted relief from § 61.113(a) & (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, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

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

The equivalent level of safety established by § 91.7(a) will be maintained because prior to every flight, SeaGrizzly,

LLC will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS’s

compliance with its operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from § 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, 1116, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of § 91.119(c) Would Not Adversely Affect Safety.

The equivalent level of safety established by § 91.119(c) will be maintained because the DJI Phantom 3

Professional will not be flown closer to any Vessel, Structure, or Vehicle without prior authorization from the

owner.

Additionally, the DJI Phantom 3 Professional has automated hover capabilities which allow the DJI Phantom 3

Professional to maintain position within ± 0.2m vertically and ± 1.5m horizontally. The FAA has previously granted

relief from § 91.119(c) specific to UAS, in circumstances similar, in all material respects, to those presented herein

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11111, 11112, 11136, 11188, 11208,

11213, 11437, 11508, 11671)

6. Reasons Why An Exemption From The Requirements Of § 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by § 91.121 will be maintained because the altitude information of the

DJI Phantom 3 Professional 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 SeaGrizzly, LLC’s operation of the DJI Phantom 3 Professional UA within

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to § 91.121. The altitude

information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude

initiation point is automatically established by the UAS at ground level.

The FAA has previously granted relief from § 91.121 specific to UAS, in circumstances similar, in all material

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

A grant of this exemption would ensure an equivalent level of safety established by § 91.151(b) as a result (1) the

technical specifications of the DJI Phantom 3 Professional UAS;(2) the limitations on the proposed flight

operations;and (3) the location of the proposed flight operations. Accordingly, SeaGrizzly, LLC will ensure that it

will safely operate the battery powered DJI Phantom 3 Professional UA during daylight hours in VFR conditions,

with enough battery power to fly for a total duration of 13 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 5 minutes. Here the technical specifications of the DJI

Phantom 3 Professional UAS;the limitations on the proposed flight operations;and the location of the proposed

operations, will ensure an equivalent level of safety established by § 91.151(b). Furthermore, safety will be ensured

as the DJI Phantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UA

experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and

again at approximately 10% remaining battery power. At the critically low battery power, the DJI Phantom 3

Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning § 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 § 91.151, including Exemption Nos.

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from § 91.151 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673,

11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,

1158, 11159, 11160, 11161).

8. Reasons Why An Exemption From The Requirements Of §§ 91.405(a), 91.407(a)(1), 91.409(a), And

91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, SeaGrizzly, LLC submits that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and

91.417(a) & (b) will be met because SeaGrizzly, 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. Monthly Maintenance Log and DJI Phantom 3 Professional Instruction Manual).

Furthermore, SeaGrizzly, LLC will document and maintain all maintenance records for the DJI Phantom 3

Professional UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, SeaGrizzly,

LLC will maintain the equivalent level of safety established by §§ 91.405(a), 91.409(a)(1) & (2). A copy of the DJI

Phantom 3 Professional User Manuals are attached hereto as Appendix A. Likewise, the exemption sought will not

adversely affect safety because SeaGrizzly, LLC will use trained technicians to perform maintenance, alterations,

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating

documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by §§ 91.407(a) and

91.407(b), because maintenance of the DJI Phantom 3 Professional UAS will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the Monthly Maintenance Log. Significantly, previous

exemptions granted by the FAA concerning §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (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 consideration of SeaGrizzly, LLC’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, SeaGrizzly, LLC submits that safety

will not be adversely affected by granting exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and

91.417(a) & (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, 1106, 11067, 11080, 11109,

11110, 11112, 1113, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16

entitled Special Conditions , SeaGrizzly, LLC requests that the FAA prescribe special conditions for the intended

operation of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R.

§§ 61.23(a), & (c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(c)(2) & (3), 91.7 (a), 91.119(c), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b). Such special conditions will permit safe operation of

the UA for the limited purpose of conducting aerial video and photography over certain areas of the United States

for compensation or hire. FAA Modernization and Reform Act of 2012 (FMRA) Section 333 sets forth the

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security;and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the safe operation of

the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the DJI Phantom 3 Professional UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not

contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. §

21.16, entitled Special Conditions, stated 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 novel or unusual design feature of the aircraft,

aircraft engine, or propeller, he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine, or propeller as the FAA finds necessary to establish a level of safety equivalent to that established

in the regulations.

Therefore, in accordance with FAA Modernization and Reform Act of 2012 (FMRA) Section 333 and 14

C.F.R. § 21.16, the FAA may prescribe special conditions for SeaGrizzly, LLC's intended operation of the DJI

Phantom 3 Professional UAS, which contains such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. §§ 61.23(a) &

(c), 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a), 91.417(a) & (b).

F. A Summary That Can Be Published In the Federal Register, stating: The Rules From Which SeaGrizzly, LLC

Seeks Exemption.

SeaGrizzly, LLC seeks exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a),

61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) & (b).

G. A Brief Description Of The Nature Of The Exemption SeaGrizzly, LLC Seeks.

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com
This exemption will permit SeaGrizzly, LLC to commercially operate an Unmanned Aircraft System (UAS) for the

purpose of conducting aerial video and photography over certain areas of the United States for forensic

inspections.

H. Any Additional Information, Views, Or Arguments Available To Support SeaGrizzly, LLC’s Request.

This petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs

the Secretary of Transportation to determine if certain UAS may operate safely in the NS. As such, SeaGrizzly, LLC’s

request for exemption may be granted pursuant to the authority of FAA Modernization and Reform Act of 2012

(FMRA) Section 333 and 14 C.F.R. Part 11, as set forth above. The FAA Modernization and Reform Act of 2012 (FMRA)

Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security;and further, provides the authority for such UAS to

operate without airworthiness certification. As discussed in detail above, SeaGrizzly, LLC will operate the DJI

Phantom 3 Professional UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, SeaGrizzly, 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 Professional

UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and

photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012 (FMRA), while also

advancing the interests of the public, by allowing SeaGrizzly, LLC to safely, efficiently, and economically operate

the DJI Phantom 3 Professional UAS commercially within the NAS.

WHEREFORE ​, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of

2012, Section 333, SeaGrizzly, LLC respectfully requests that the Administrator grant this Petition for an exemption

from the requirements of 14 C.F.R. §§ 61.23(a) & (c) , 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a),

91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) & (b), and permit SeaGrizzly, LLC to operate

the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography

over certain areas of the United States for forensic inspections.

Dated: 3/7/2016

Respectfully submitted,

McChan Rawson

SeaGrizzly, LLC

____________________________

SeaGrizzly, LLC,525 Meadow Wood Cir, Dillon, CO 80435

Office: 970.333.3017 Cell: 970.333.3017

mcchan@seagrizzly.com