1

September 22, 2015 Attention: U. S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12

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

RE: DUBUQUE AERIAL MEDIA REQUESTS AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS: SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) & 91.417(a) & (b) & 61.51(b)(1), CONCERNI

NG COMMERCIAL OPERATION OF DJI Phantom 3 Professional UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

-95)

John Haupert Co

-Owner Dubuque Aerial Media 11838 English Mill Road Dubuque IA 52003 563

-590

-1782, and 319

-849

-8539 service@dubuqueaerialmedia.com johndvm@yousq.net2 **TABLE OF**  **CONTENTS**

SUMMARY......................................................................................................................

.....3

INTRODUCTION AND INTERESTS OF PETITIONER....................................................3

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................4

NAME AND ADDRESS OF PETITIONER.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DUBUQUE AERIAL MEDIA SEEKS EXEMPTION.............................................................................................

...............6 THE EXTENT OF RELIEF DUBUQUE AERIAL MEDIA SEEKS AND THE REASON DUBUQUE AERIAL MEDIA SEEKS THE RELIEF

......................................................10 THE REASONS WHY GRANTING DUBUQUE AERIAL MEDIA’S REQUEST WOULD BE IN THE PUBLIC INTEREST

......................................................................................12 THE REASONS WHY GRANTING THE EXEMPTION TO DUBUQUE AERIAL MEDIA WOULD NOT ADVERSELY AFFECT SAFETY..............................................................15 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................27 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT DUBUQUE AERIAL MEDIA’S REQUEST

........................................27 CONCLUSION.....................................................................................................................28 APPENDICES

......................................................................................... 28

**SUMMARY**3

DUBUQUE AERIAL MEDIA seeks exemption from the requirements of 14 C.F.R § 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) & 61.51(b)(1), to operate an Unmanned Aircraft System (DJI Phantom 3 Professional) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit DUBUQUE AERIAL MEDIA to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes, agricultural inspections, landmarks, mapping, appraisals, search and rescue, and events over certain areas of the United States.

**INTRODUCTION AND**  **INTERESTS OF**  **THE PETITIONER**  DUBUQUE AERIAL MEDIA staffhas piloted private light, fixed wing aircraft since 1974, and ultralight powered parachute since 1999. We have been flying a UAS (DJI Phantom 3 Professional) in 2015. The objective of DUBUQUE AERIAL MEDIA, and our Unmanned Aircraft System (DJI Phantom 3 Professional) aerial operations, is to provide a more affordable, high

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

• Real estate and construction

• Mapping

• Search and rescue

• Special event coverage

• Agricultural applications

**BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 3 Professional, UAS DUBUQUE AERIAL MEDIA seeks an exemption to operate DJI Phantom 3 Professional system for compensation or hire within the NAS. The DJI Phantom 3 Professional is vertical4

takeoff and landing (VTOL) Unmanned Aircraft System (UAS) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of23.2”, a maximum speed of approximately 52 ft/s and a maximum flying height of 400'. The DJI Phantom 3 Professional is equipped with four main rotors; each powered by a Lithium Poly mer batterypowered electric motor. The DJI Phantom 3 Professional that will be operated by DUBUQUE AERIAL MEDIA will be registered in accordance with 49 U.S.C. 44103, Registration ofAircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

**BASIS FOR**  **PETITION** Petitioner, DUBUQUE AERIAL MEDIA, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, 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 § 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) & 61.51(b)(1)

. In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, DUBUQUE AERIAL MEDIA operation ofDJI Phantom 3 Professional UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, DUBUQUE AERIAL MEDIA requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. DUBUQUE AERIAL MEDIA submits that the requested relief is proper since an equivalent level ofsafety will be ensured. DUBUQUE AERIAL MEDIA will use experienced personnel to perform maintenance, alterations, or preventative 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, DUBUQUE AERIAL MEDIA will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilotprivileges and limitations: Pilot in command, is requested by DUBUQUE AERIAL MEDIA to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a5

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. DUBUQUE AERIAL MEDIA seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, DUBUQUE AERIAL MEDIA submits that they will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. DUBUQUE AERIAL MEDIA also seeks an exemption from the requirements ofSection 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not have a ty pical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 Professional UAS 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 DUBUQUE AERIAL MEDIA’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, DUBUQUE AERIAL MEDIA seeks an exemption from the requirements of Section 91.151(b), entitledFuel requirementsforflight in VFR conditions

. DUBUQUE AERIAL MEDIA submits that safety will not be affected by operation ofthe DJI Phantom 3 Professional UAS 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 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safelyback to point oftake off. In accordance with 14 C.F.R. § 11.81, DUBUQUE AERIAL MEDIA provides the following information in support ofits petition for exemption:

**A. Name**  **And Address**  **Of The**  **Petitioner.** The name and address ofthe Petitioner and point ofcontact is: John Haupert Co

-Owner Dubuque Aerial Media 11838 English Mill Road Dubuque IA 52003 563

-590

-1782, and 319

-849

-8539 service@dubuqueaerialmedia.com orjohndvm@yousq.net6

**B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which DUBUQUE**  **AERIAL MEDIA**  **Seeks Exemption.**  **1. Section**  **61.113(a) And**  **(b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with anybusiness or employ ment if

— (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carrypassengers orproperty for compensation or hire.

**2. Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition

**3. Section**  **91.121.** Section 91.121, entitled Altimeter settings, subsection (a), 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 ofthe 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; or7 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an a

ppropriate altimeter setting available before departure.

**4. Section**  **91.151(b).** Section 91.151, entitledFuel requirementsforflight in VFR conditions, subsection (b), states the following:

(b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enoughfuel tofly to the firstpoint ofintended landing and, assuming normal cruising speed, tofly after that for at least 20 minutes.

**5. Section**  **91.405(a).** Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter[.]

**6. Section**  **91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 ofthis chapter[.]

**7. Sections**  **91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitledInspections, 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 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or8 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter.

**8. Sections**  **91.417(a) And**  **91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii) The signature, and certificate number of the person approving the aircraft for (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 oflife

-limited parts ofeach 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 ofthe 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.9 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis 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.

9**. Section**  **6 1.** **51 (** **b )** **(1) .**  Section 61.51, entitledPilot logbooks, subsections (b) and (e), state the following: (b) For the purposes ofmeeting the requirements ofparagraph (a) ofthis section, each person must enter the following information for each flight or lesson logged: (1) General (i) Date (ii) Total flight time or lesson time. (iii) Location where the aircraft departed and arrived, or for lessons in a flight simulator, flight training device, or aviation training device, as appropriate. (iv) Ty pe and identification ofaircraft, flight simulator, flight training device, or aviation training device, as appropriate. (v) The name ofa safetypilot, ifrequired by § 91.109 ofthis chapter.

**C. The**  **Extent Of**  **Relief DUBUQUE**  **AERIAL MEDIA**  **Seeks And**  **The Reason**  **DUBUQUE AERIAL**  **MEDIA Seeks**  **The Relief.**  **1. Section**  **61.113(a) And**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any10

business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carrypassengers orproperty for compensation or hire. As set forth more fully below, DUBUQUE AERIAL MEDIA 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 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, DUBUQUE AERIAL MEDIA submits that all flights ofthe DJI Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to DUBUQUE AERIAL MEDIA’s business; and (2) will not carry passengers or property for compensation or hire.

**2. Section**  **91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow DUBUQUE AERIAL MEDIA to determine that the DJI Phantom 3 Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., DUBUQUE AERIAL MEDIA Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

DUBUQUE AERIAL MEDIA seeks the requested reliefbecause the DJI Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, DUBUQUE AERIAL MEDIA will ensure that the DJI Phantom 3 Professional UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Section**  **91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UAS 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), DUBUQUE AERIAL MEDIA seeks the11

requested relief because the DJI Phantom 3 Professional UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 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 will be maintained since the DJI Phantom 3 Professional UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

-up display ofthe GCS.

**4. Section**  **91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. DUBUQUE AERIAL MEDIA seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 Professional UAS will severely constrain the practicality ofany aerial video or still photo flight operations that DUBUQUE AERIAL MEDIA proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and DUBUQUE AERIAL MEDIA’s proposed operating limitations, ensure that DUBUQUE AERIAL MEDIA will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of23 minutes.

**5. Sections**  **91.405(a), 9** **1.407(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, DUBUQUE AERIAL MEDIA requests 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 ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, DUBUQUE AERIAL MEDIA 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., the DUBUQUE AERIAL MEDIA Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).12

Furthermore, DUBUQUE AERIAL MEDIA will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.

**D. The**  **Reasons Why**  **Granting DUBUQUE**  **AE RIAL**  **MEDIA 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 DUBUQUE AERIAL MEDIA to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 3 Professional UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of DUBUQUE AERIAL MEDIA’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating anyprivacy issues.

**1. The**  **Public Will**  **Benefit From**  **Decreased Congestion**  **Of Th** **e NAS.**  The DJI Phantom 3 Professional UAS 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. 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 UAS does not require an airport to takeoffor land. Likewise, a reduction ofmanned 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 offlight operations. **2. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **DJI Phantom**  **3 Professional**  **UAS.** Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS Professional, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels ofair 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 produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are ty pically utilized for aerial video and photography, while burning approximately 20

-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAS, while reducing the carbon footprint ofaerial acquisitions, also13

eliminates noise pollution, as the UAS 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 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no flammable 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 ty

pically conduct similar operations.

**3. Performing**  **Aerial Video**  **and Photography**  **Operations With**  **The DJI**  **Phantom 3**  **Professional UAS**  **Wi ll**  **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 ofthe DJI Phantom 3 Professional UAS will allow United States based companies, like DUBUQUE AERIAL MEDIA, 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 to manned aircraft, but provides such flexibilitywithout the high operational cost ofa traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies such as DUBUQUE AERIAL MEDIA, 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 ofU.S. companies, through commercial use ofthe 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.

**4. There**  **Are No**  **Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, DUBUQUE AERIAL MEDIA’s 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., DUBUQUE AERIAL MEDIA Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional14

Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**E. The**  **Reasons Why**  **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 DUBUQUE**  **AERIAL MEDIA**  **Seeks Exemption.** 

**1. Reasons**  **Why The**  **DJI Phantom**  **3 Professional**  **UAS Meet**  **The Conditions**  **Of The**  **FAA Modernization**  **and Reform**  **Act of** **2012 (FMRA)**  **Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, DUBUQUE AERIAL MEDIA’s operation of the DJI Phantom 3 Professional UAS meet the conditions ofFMRA 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 air worthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security

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

(a ) I n General.

--Notwithstanding any other requirement ofthis subtitle, and not later than 180 days after the date ofenactment ofthis Act, the Secretary ofTransportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion oftheplan and rule

-making required by section 332 ofthisAct or theguidance requiredbysection 334 ofthisAct. (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a

), the Secretary shall determine, at a minimum

-- (1 ) which types ofunmanned aircraft systems, ifany, as a result offtheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight 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 States15 Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1

). (c) Requirementsfor Safe Operation.

--Ifthe 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 aircraftsystems in the national airspace system. In seeking this exemption, DUBUQUE AERIAL MEDIA 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 ofthe DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**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 ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical**  **Specifications Of** **The DJI**  **Phantom 3**  **Professional UAS.**  The technical specifications ofthe DJI Phantom 3 Professional UAS are set forth by the DJI Phantom 3 Professional User Manual, attached as Appendix A. **ii. The**  **DJI Phantom**  **3 Professional**  **UAS Global**  **Positioning Modes**  **Enable The**  **UAS To**  **Remain Within**  **A Defined**  **Operational Area.**  The DJI Phantom 3 Professional UAS maybe operated in both manual and global positioning flight modes. A complete description ofthe flight and navigational modes of the DJI Phantom 3 Professional Professional UAS is provided at pages 11 ofthe DJI Phantom 3 Professional User Manual attached as Appendix A. **iii. The**  **DJI Phantom**  **3 Professional**  **UAS Are**  **Designed For**  **Automatic Return**  **To Home**  **Point Or**  **Hover In**  **The Event**  **Of Loss**  **Of The**  **Control Link**  **Or Navigation.**  When the Control Link is lost, the DJI Phantom 3 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 will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 Professional UAS is set forth at pages 12 through 14 ofthe DJI Phantom 3 Professional User Manual, attached hereto as Appendix A. **iv. The**  **DJI Phantom**  **3 Professional**  **GCS And**  **Its Operation.** 16

A complete description ofthe operation and specifications ofthe DJI Phantom 3 Professional GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached as Appendix A.

**b. Flight**  **Operations Of** **DJI Phantom**  **3 Professional**  **UAS Is**  **Limited To**  **The Line**  **Of Sight**  **Of A**  **Certificated Pilot**  **in Command**  **With A**  **Safety Observer.**  DUBUQUE AERIAL MEDIA video production staffwill be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist him at all times during flight time.

**c. Flights**  **Of DJI**  **Phantom 3**  **Professional UAS**  **Will Be**  **Conducted Pursuant**  **To Specific**  **Operating Limitations.**  In seeking this exemption, DUBUQUE AERIAL MEDIA proposes to commercially operate DJI Phantom 3 Professional UAS for the special purpose ofconducting aerial video and photography over certain areas ofUnited 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional UAS. 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 ofaerial video and photography. 3. The UAS maynot be flown at an indicated airspeed exceeding 20 knots. 4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability

. The SO17 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 ofthe 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 ofexemption 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 aff ect 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 flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.18 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS 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 conducted 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 UAS may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UAS 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. Ifthe UAS 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.19 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAS with 25% batterypower remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not 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. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UAS must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS maynot be operated by the PIC from anymoving 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 UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UAS, flight operations must cease immediately and/or;20 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 ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And**  **(b) Would**  **Not Adversely**  **Affect Safety.**  DUBUQUE AERIAL MEDIA submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed 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.

Considering DUBUQUE AERIAL MEDIA’s proposed area of operations, and the operating limitations set forth

-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, DUBUQUE AERIAL MEDIA submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for DUBUQUE AERIAL MEDIA’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).21

DUBUQUE AERIAL MEDIA 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 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 oftotal time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose hours as a UAS pilot operating the same make and model ofUAS 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 currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during DUBUQUE AERIAL MEDIA’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours ofmulti

-rotor time and the 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.
ExemptionNo. 11138, page 15. Accordingly, DUBUQUE AERIAL MEDIA will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting22

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.

**3. Reasons**  **Why An**  **Exempti on**  **From The**  **Requirements Of**  **Section 91.7(a)**  **Would Not**  **Adversely Affect**  **Safety.** The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, DUBUQUE AERIAL MEDIA 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 Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**4. Reasons**  **Why An**  **Exe mption**  **From The**  **Requirements Of**  **Section 91.121**  **Would Not**  **Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 Professional UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with DUBUQUE AERIAL MEDIA’s operation ofthe DJI Phantom 3 Professional UAS within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).23

**5. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **91.151(b) Would**  **Not Adversely**  **Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, DUBUQUE AERIAL MEDIA will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough batterypower to fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 Professional UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 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 UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining batterypower. At the critically low battery level, the DJI Phantom 3 Professional UAS will descend and land automatically

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

**6. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), And**  **91.417(a) &**  **(b) Would**  **Not Adversely**  **Affect Safety.**  In seeking this exemption, DUBUQUE AERIAL MEDIA submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because DUBUQUE AERIAL MEDIA 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., DUBUQUE AERIAL MEDIA Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, DUBUQUE AERIAL MEDIA 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, DUBUQUE AERIAL MEDIA will maintain the equivalent level of safety24

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe DJI Phantom 3 Professional User Manuals is attached hereto as Appendix A ; a copy of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Appendix A

. Likewise, the exemption sought will not adversely affect safety because DUBUQUE AERIAL MEDIA will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthlymaintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered.

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

**7. The**  **FAA May**  **P rescribe**  **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, DUBUQUE AERIAL MEDIA 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 ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R § 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) & 91.417(a) & (b) & 61.51(b)(1)

. Such special conditions will permit safe operation ofthe UAS for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate25

without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe 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. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraf t, aircraft engine, or propeller because of a novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for DUBUQUE AERIAL MEDIA’s intended operation of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds necessary to esta

blish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) & 61.51(b)(1)

.

**A Summary**  **That Can**  **Be Published**  **In The**  **Federal Register,**  **stating: The**  **Rules From**  **Which DUBUQUE**  **AERIAL MEDIA**  **Seeks Exemption:**  DUBUQUE AERIAL MEDIA seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and91.417(a) & ( b) & 61.51(b)(1)

. **A Brief**  **Description Of**  **The Nature**  **Of The**  **Exemption DUBUQUE**  **AERIAL MEDIA**  **Seeks:** This exemption will permit DUBUQUE AERIAL MEDIA to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.**Any Additional**  **Information, Views,**  **Or Arguments**  **Available To**  **Support DUBUQUE**  **AERIAL MEDIA** **’ s**  **Reques t.** 

This Petition is made pursuant to the FAA Modernization and Reform Act of201226

(FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, DUBUQUE AERIAL MEDIA’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, DUBUQUE AERIAL MEDIA 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, DUBUQUE AERIAL MEDIA seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (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 ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing DUBUQUE AERIAL MEDIA 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 of2012, Section 333, DUBUQUE AERIAL MEDIA respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) & 61.51(b)(1), and permit DUBUQUE AERIAL MEDIA to operate the DJI Phantom 3 Professional UAS commercially for the purpose of conducting aerial video and photography over certain areas ofthe United States. Dated: September 22, 2015 Respectfully submitted,

John Haupert Co

-Owner27

Dubuque Aerial Media 11838 English Mill Road Dubuque IA 52003 563

-590

-1782, and 319

-849

-8539 service@dubuqueaerialmedia.com
Appendices: A

– Link to DJI Phantom 3 Professional Manual: Click on linkbelow: http://download.dji

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