UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

HALL ARCHITECTS, INC.

FOR AN EXEMPTION SEEKING RELIEF 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), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE 

DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYSTEM PURSUANT

TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on June 22, 2015

Dennis J. Hall

Hall Architects, Inc.

501 North Church Street

Suite 200

Charlotte North Carolina, 28202

Email: dhall@hallarch.com

Tel: 704.375.2889

Fax: 704.334.1027
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ................................................................................. 3

SUMMARY......................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER ................................................. 4

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

BASIS FOR PETITION ...................................................................................................... 5

NAME AND ADDRESS OF PETITIONER............................................................ 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HALL ARCHITECTS,

INC. SEEKS EXEMPTION .................................................................................... 8

THE EXTENT OF RELIEF HALL ARCHITECTS, INC. SEEKS AND THE 

REASON HALL ARCHITECTS, INC. SEEKS THE RELIEF............................. 12

THE REASONS WHY GRANTING HALL ARCHITECTS, INC'S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ..........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT HALL ARCHITECTS, INC 'S REQUEST ...........34

CONCLUSION.................................................................................................................. 35

EXHIBITS ................................................... ATTACHED IN SEPARATE FILE

EXHIBIT A: PHANTOM 3 PROFESSIONAL USER MANUAL

EXHIBIT B: PHANTOM 3 QUICK START GUIDE

EXHIBIT C: INTELLIGENT FLIGHT BATTERY SAFETY GUIDE

EXHIBIT D: PHANTOM 3 SAFETY GUIDELINES AND DISCLAIMER
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization 

C.F.R. Code of Federal Regulations 

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station 

GPS Global Positioning System 

NAS National Airspace System 

NOTAM Notice to Airmen

OEM Original Equipment Manufacturer

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
4

SUMMARY

Hall Architects, Inc. seeks exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (UAS) pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Hall Architects, Inc. to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial acquisitions within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Hall Architects, Inc. (hereinafter referred to as “Hall Architects”), is an architectural 

and consulting firm specializing in building design, construction contract administration, 

building diagnostics, property conditions assessments, building enclosure consulting, and other 

consulting services related to creating and sustaining the built environment. Our staff includes

architects, designers, building scientists, and technicians, engaged in designing and consulting 

on new and existing construction facilities. Our clients include, building owners and facility

managers, design professionals, contractors, building product manufacturers, attorneys, and 

other members of the design/construction industry. We are headquartered in Charlotte, North 

Carolina and the majority of our consulting work is concentrated in the Southeast United 

States. 

BACKGROUND

Unmanned Aircraft System: Phantom 3 Professional UAS

Hall Architects seeks an exemption to operate the DJI Phantom 3 Professional UAS for

compensation or hire within the NAS. The Phantom 3 Professional UAS is comprised of a
5

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground

Control Station (GCS). The Phantom 3 Professional UA has a maximum gross weight of

approximately 2.8 pounds; measures approximately 16 inches in length, 16 inches in width, and

7 inches in height; and has maximum speed of approximately 16 m/s. The Phantom 3 

Professional UA is equipped with four rotors, each being driven by a Lithium Polymer battery 

powered electric motor.

The Phantom 3 Professional UA that will be operated by Hall Architects will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R 

Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Hall Architects, Inc., pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012,

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to operate the Phantom 3 Professional UAS within the National Airspace

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)&

(b).

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

the unmanned aircraft and its operation, Hall Architects’ operation of the Phantom 3 

Professional UAS meets the conditions of FMRA Section 333 and therefore, will not require

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
6

Accordingly, Hall Architects 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.

Hall Architects submits that the requested relief is proper since an equivalent level of 

safety will be ensured. All maintenance, alterations, or preventive maintenance of the 

Phantom 3 Professional UAS performed by Hall Architects will be in accordance with the 

methods, techniques, and practices prescribed in the operating documents (i.e., the Phantom 3 

Professional User Manual, the Phantom 3 Professional Quick Start Guide, the Phantom 3 

Professional Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot

Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or qualified 

OEM maintainers will perform higher level inspections and maintenance per the operating

documents and OEM standards. Hall Architects will document and maintain all maintenance

records for the Phantom 3 Professional UAS.

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

privileges and limitations: Pilot in command, is requested by Hall Architects to the extent 

necessary to allow the proposed UAS flight operations to be conducted by a Pilot in 

Command (PIC) holding a private pilot 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 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.
7

Hall Architects seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the Phantom 3 Professional UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Hall Architects submits that it will

ensure that the 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., the Phantom 

3 Professional User Manual, the Phantom 3 Professional Quick Start Guide, the Phantom 3 

Professional Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot

Training Guide), and that the aircraft is in a condition for safe flight.

Hall Architects also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, because the altitude reporting equipment of the Phantom 3 

Professional UAS is set to zero feet above ground level (AGL), rather than local barometric 

pressure or field altitude, before each flight. The altitude information of the Phantom 3 

Professional UA is provided to the PIC via a barometric pressure sensor, Global Positioning

System (GPS) equipment, and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path. A level of safety equivalent to 

Section 91.121 will be ensured as the altitude of the Phantom 3 Professional UA will be

reported to air traffic control (ATC) in feet AGL, and Hall Architects will operate the Phantom

3 Professional UA within visual line of sight, at or below 400 feet AGL.

Additionally, Hall Architects seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Hall Architects submits that 

safety will not be affected by operation of the Phantom 3 Professional UA during daylight hours 

in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery 

power to fly for a total duration of 20 minutes to the first point of intended landing and, 
8

assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery 

power remaining).

In accordance with 14 C.F.R. § 11.81, Hall Architects provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is: 

Hall Architects, Inc.

501 North Church Street 

Suite 200

Charlotte, North Carolina 28202

The point of contact for this Petition and specific contact information is as

follows:

Dennis J. Hall

Hall Architects, Inc.

501 North Church Street 

Suite 200

Charlotte, North Carolina 28202

Tel: 704.375.2889 

Fax: 704.334.1027

B. The Specific Sections Of 14 C.F.R. From Which Hall Architects 

Seeks Exemption.

1. Hall Architects Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in 

command, subsections (a) and (b) prescribe the following, in 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 

of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and
9

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Hall Architects Seeks Exemption From The Requirements 

 Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the

following: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

3. Hall Architects Seeks Exemption From The Requirements 

 Of 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 

ofthat 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;

4. Hall Architects Seeks Exemption From The Requirements

 Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the

first point of intended landing and, assuming normal cruising speed, to fly after that for

at least 20 minutes.

5. Hall Architects Seeks Exemption From The Requirement 

 Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft
10

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Hall Architects Seeks Exemption From The Requirements

 Of 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 of this chapter[.]

7. Hall Architects Seeks Exemption From The Requirements

 Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 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.

8. Hall Architects Seeks Exemption From The Requirements Of 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) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each engine, 
11

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.

(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.
12

C. The Extent Of Relief Hall Architects Seeks And The Reason

 Hall Architects Seeks The Relief.

1. Extent of Relief Hall Architects Seeks And The Reason Hall Architects

Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

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

private pilot certificate, as well as an 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 

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, Hall Architects submits that an equivalent level of safety will be

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

that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is 

able to safely operate the Phantom 3 Professional UAS in a manner consistent with the

operations specifications as set forth herein, including evasive and emergency maneuvers, as 

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

Further, Hall Architects submits that all flights of the Phantom 3 Professional UAS,

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

Architects’ business; and (2) will not carry passengers or property for compensation or hire.

2. Extent of Relief Hall Architects Seeks And The Reason Hall Architects

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the

extent required to allow Hall Architects to determine that the Phantom 3 Professional UAS is 
13

in an airworthy condition prior to every flight by ensuring that the UAS is in compliance with 

the operating documents (i.e., the Phantom 3 Professional User Manual, the Phantom 3 

Professional Quick Start Guide, the Phantom 3 Professional Checklists, the Smart Flight

Battery Safety Guidelines and the Phantom Pilot Training Guide).

Hall Architects seeks the requested relief because the Phantom 3 Professional UAS

does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Hall Architects will ensure that the Phantom 3 Professional UAS is in an 

airworthy condition based upon its compliance with the operating documents prior to every

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

conditions and limitations below.

3. Extent of Relief Hall Architects Seeks And The Reason 

 Hall Architects Seeks Relief From Section 91.121.

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

flight operations of the Phantom 3 Professional UAS, because the Phantom 3 Professional

UA’s altitude reporting equipment may be set on the ground to zero feet AGL, rather than 

local barometric pressure or field altitude, before each flight. The Phantom 3 Professional

UAS utilizes a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground

control station (GCS).

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. §

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, a level of safety equivalent to 

Section 91.121 will be ensured as the altitude of the Phantom 3 Professional UA will be
14

reported to air traffic control (ATC) in feet above ground level (AGL), and Hall Architects

will operate the Phantom 3 Professional UA within visual line of sight, at or below 400 feet 

AGL.

4. Extent Of Relief Hall Architects Seeks And The Reason

 Hall Architects Seeks Relief From 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

Phantom 3 Professional UA during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR) for a total duration of 20 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least five

minutes (i.e., 20 percent battery power remaining). Hall Architects seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery

powered Phantom 3 Professional UA will severely constrain the practicality of any aerial 

acquisition and research flight operations that Hall Architects proposes to conduct pursuant 

to this Petition.

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

Professional UAS, the Phantom 3 Professional UAS operating documents, and Hall 

Architects’ proposed operating limitations, ensure that Hall Architects will safely operate 

the battery powered Phantom 3 Professional UA during daylight hours in visual 

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

power to fly for a total duration of 20 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent

battery power remaining).
15

5. Extent Of Relief Hall Architects Seeks And The Reason

 Hall Architects Seeks Relief From Sections 91.405(a), 

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

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, Hall Architects requests relief from 

these Sections because the Phantom 3 Professional UAS does not require an airworthiness 

certificate. As set forth more fully below, the Phantom 3 Professional UAS meets the

conditions of Section 333 of the FMRA for operation without an airworthiness certificate.

All maintenance, alterations, or preventive maintenance on the UAS of the Phantom 3

Professional UAS performed by Hall Architects will be in accordance with the methods, 

techniques, and practices prescribed in the operating documents (i.e., the Phantom 3 

Professional User Manual, the Phantom 3 Professional Quick Start Guide, the Phantom 3 

Professional Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot 

Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or 

qualified OEM maintainers will perform higher level inspections and maintenance per the

operating documents and OEM standards. Hall Architects will document and maintain all

maintenance records for the Phantom 3 Professional UAS.

D. The Reasons Why Granting Hall Architects’ 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 Hall 

Architects to safely, efficiently, and economically perform aerial acquisitions of building 

information within the NAS, commercially, in support of pre-existing building structures, 

proposed building sites, and building under construction. Additionally, use of the Phantom 3 

Professional UAS will increase public safety by reducing the use of aerial work platforms 

(AWP) on construction sites and in the public way. Notably, the benefits of Hall Architects‘
16

proposed operation of the Phantom 3 Professional UAS will be realized without implicating

any privacy issues.

1. The Public Will Benefit From The Aerial Acquisition of Building 

Information.

Hall Architects submits this Petition to commercially operate the Phantom 3 

Professional UAS and perform aerial acquisitions within the NAS, in support of pre-existing 

buildings, new construction, and site conditions. The Phantom 3 Professional UAS will

provide safe, efficient, and economical aerial acquisition of building information operations 

to further each of these fields, all of which are critical to the well-being and safety of the

general public and surrounding building conditions.

The specific operations that Hall Architects will perform with the Phantom 3 

Professional UAS demonstrate how the requested exemption will directly benefit the abovereferenced industries and the public. The Phantom 3 Professional UAS will be used to: aid 

in facility inspections; survey and plan new building projects; inspect pre-existing building

structures, where aerial work platforms and ladders are unsuitable.

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

The Phantom 3 Professional UA is battery powered and serves 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 Phantom 3 Professional UAS would reduce the amount

of manned aircraft in the NAS, reduce noise and air pollution, and increase the safety of life

and property in the air and on the ground.
17

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 

Phantom 3 Professional UA does not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial survey 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.

3. The Public Will Benefit From The Safety And Efficiency Of The

Phantom 3 Professional UAS.

Conducting aerial acquisitions of building information with the 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 survey flight 

operations. By using battery power and electric motors, the Phantom 3 Professional UAS

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

cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized 

for aerial acquisitions, and burn approximately 20-30 gallons per hour of leaded aviation 

fuel. The Phantom 3 Professional UA, while reducing the carbon footprint of aerial 

acquisitions, also reduces noise pollution, as the UA is propelled by battery powered electric

motors, rather than an internal combustion engine.

By using the 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. It will also improve safety by reducing the risk of associated with large and heavy

aerial work platforms, which are prone to ‘tip-over’. Aside from the lack of flight crew 

members located onboard the aircraft, the Phantom 3 Professional UA (weighing 
18

approximately 2.8 pounds at its maximum gross weight; measuring approximately 23 inches 

diagonally; and carrying 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 aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of 

approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The Phantom 3 

Professional UAS Will Benefit The Economy.

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

economical alternative to using manned aircraft to conduct aerial acquisitions. As such,

operation of the Phantom 3 Professional UAS will allow United States based companies, 

like Hall Architects, 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 Phantom 3 Professional UAS is one such technology that not

only allows companies greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned aircraft.

By operating the Phantom 3 Professional UAS, companies such as Hall Architects, 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 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.
19

5. The Public Will Benefit From Improved Building Performance

Conducting aerial acquisitions of building information with the Phantom 3 Professional

UAS, will greatly benefit the public by drastically improving building performance, energy 

savings, and increasing the sustainable life of buildings and building elements. Through better 

acquisition of building information and improved construction activities, the construction industry

can achieve higher performing buildings that will decrease the negative effects of buildings on the 

environment and the public.

 6. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Hall Architects’ proposed operation of the Phantom 3 Professional UAS will not 

implicate any privacy issues. Specifically, the Phantom 3 Professional UAS will only be

operated pursuant to the specific conditions and limitations set forth herein, and in accordance

with the Federal Aviation Regulations, including the minimum altitude requirements of 14 

C.F.R. § 91.119. Most significantly, the Phantom 3 Professional UA will not be operated

closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved 

in the operation.

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 Hall Architects Seeks Exemption.

1. Reasons Why The 3 Professional Vision UAS Meets 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, Hall Architects’ operation of the Phantom 3 

Professional UAS meets the conditions of FMRA Section 333, and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
20

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth 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. 

Specifically, 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, Hall Architects submits that the Phantom 3 Professional

UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the Phantom 3 Professional UAS; (b) the pilot certification requirement;

and (c) the specific operating limitations.

a. The Specifications Of The Phantom 3 Professional UAS 

Demonstrate Its Safe Characteristics.

The Phantom 3 Professional UAS does not create a hazard to users of the NAS or the
21

public, or otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability.

i. Technical Specifications Of The 3 Professional Vision UAS.

The technical specifications of the Phantom 3 Professional UAS are set forth at page 

53 of the Phantom 3 Professional User Manual, attached hereto as Exhibit A. Exhibit A 

contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 

11.35(b)

1

.

ii. The Phantom 3 Professional UAS Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within

A Defined Operational Area.

The Phantom 3 Professional UAS may be operated in both semi and fully autonomous

flight modes. The Phantom 3 Professional UAS autonomous features include the following: a

GPS Position and Altitude Hold when the GCS controls are released to their neutral positions;

a Return To Home (RTH) function; and Flight Limits (i.e, pre-set limitations that restrict the

distance and height of the UAS flight operations).

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. §

11.35(b), are not to be included in the Federal Docket Management System (FDMS).

A complete description of the autonomous modes of the Phantom 3 

Professional UAS is provided at pages 44 through 55 of the Phantom 3 Professional

User Manual, attached hereto as Exhibit A. Exhibit A contains proprietary information 

and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iii. The Phantom 3 Professional UAS Is Designed For

Automatic Return To Home Point Or Auto-Land In The

Event Of Loss Of The Control Link Or Navigation.

A complete description of the Failsafe Functions of the Phantom 3 Professional UAS is 

set forth at pages 44 through 55 of the Phantom 3 Professional User Manual, attached 
22

hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a

separate file pursuant to 14 C.F.R. § 11.35(b).

iv. The Phantom 3 Professional GCS And Its Operation.

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

Professional GCS and its software is provided at pages 23 through 29 and pages 40

through 46 of the Phantom 3 Professional User Manual. The Phantom 3 Professional 

UAS is compliant with all Federal Communications Commission (FCC) requirements, 

and the radio frequency spectrum used for operation and control of the UA is set forth 

at page 53 of the Phantom 3 Professional UAS User Manual. A copy of the Phantom 3 

Professional User Manual, which contains proprietary information, is attached hereto as 

Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

b. Flight Operations Of The Phantom 3 Professional UAS Are Limited 

To The Line Of Sight Of A Certificated Pilot in Command With A 

Safety Observer.

Hall Architects will only utilize certificated pilots who possess a current and 

valid FAA issued airman medical certificate to act as a pilot in command (PIC) of

the Phantom 3 Professional UAS. Additionally, a safety observer will assist all 

pilots during flight operations.

c. Flights Of The Phantom 3 Professional UAS Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, Hall Architects proposes to commercially operate the 

Phantom 3 Professional UAS for the special purpose of conducting aerial acquisitions

within the NAS, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption are limited to the following

aircraft described in the operating documents, which is a quad-rotor aircraft weighing

less than 6 pounds at maximum gross weight: DJI Phantom 3 Professional Unmanned 
23

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 acquisitions.

3. The UA may not be flown at an indicated airspeed exceeding 30 knots.

4. The UA 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. All 

altitudes reported to ATC must be in feet AGL.

5. The UA 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 visual observer (VO)

is not permitted.

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO

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 VO can perform the functions prescribed in the operating

documents.

8. The VO 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 the 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 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 
24

must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents.

13. The operator must follow the UAS 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 manufacturer 

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate. The PIC must also meet the flight review requirements 

specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot

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). The VO is also required to 

complete the operator’s training requirements. A record of training must be

documented and made available upon request by the Administrator. Flights for the 

purposes of training the operator’s PICs and VOs (training, proficiency, and

experience-building), 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 UA with 

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon 

request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a 

pre- determined location within the planned operating area and land or be
25

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising speed to

the intended landing point and land the UA with 20% battery power 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 Airmen 

(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 agency requirements.

28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

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

aviation operations and activities at all times.

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

31. The UA may not be operated over congested or densely populated areas.

32. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, VO, 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 a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, 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, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

33. 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.

34. Any incident, accident, or flight operation that transgresses the lateral or vertical 
26

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 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.

Hall Architects submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 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 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 Hall Architects’ 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 Phantom 3 Professional UAS, Hall 

Architects submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Hall Architects’

specific proposed flight operations.

The Phantom 3 Professional UAS has been the subject of multiple Grants of 

Exemption from Section 61.113(a) and (b) (Exemption Nos. 11153, 11157). Additionally, 

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, 11170, 11171, 11172).
27

Hall Architects will not allow any PIC to operate the Phantom 3 Professional UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the

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

safely operate the 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 including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS (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 

take-offs and landings in the preceding 90 days (for currency purposes).

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 Hall Architects’ 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 of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must

also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the
28

same make and model of UAS to be used for operations under the exemption. For

clarification, the FAA considers these minimum hour requirements to be inclusive 

rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 

of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the 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.

Exemption No. 11138 at page 15.

Accordingly, Hall Architects will ensure safe operations by not allowing any PIC to 

operate the 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

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 Exemption From The Requirements Of Section

91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained
29

because prior to every flight, Hall Architects will ensure that the Phantom 3 Professional 

UAS is in an airworthy condition based upon the Phantom 3 Professional UAS’s compliance

with its operating documents (i.e., the Phantom 3 Professional User Manual, the Phantom 3 

Professional Quick Start Guide, the Phantom 3 Professional Checklists, the Smart Flight

Battery Safety Guidelines and the Phantom Pilot Training Guide), and as stated in the

conditions and limitations herein.

The Phantom 3 Professional UAS has been the subject of multiple Grants of

Exemption from Section 91.7(a) (Exemption Nos. 11153, 11157). 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, 11166, 11167, 11170, 11171, 11172).

4. Reasons Why An Exemption From The Requirements Of Section

91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude of the Phantom 3 Professional UA will be reported to air traffic control 

(ATC) in feet above ground level (AGL), and Hall Architects will operate the Phantom 3 

Professional UA within visual line of sight, at or below 400 feet AGL. Furthermore, the 

altitude information of the Phantom 3 Professional UA will be provided to the PIC via a

sonar and vision positioning sensor, barometric pressure sensor, 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. Prior to each flight, a zero altitude initiation point

is automatically established by the UAS at ground level.
30

The Phantom 3 Professional UAS was the subject of multiple Grants of Exemption 

from Section 91.121 (Exemption Nos. 11153, 1157). 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, 11166, 11167, 11170, 11171).

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Phantom 3 

Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location 

of the proposed flight operations. Accordingly, Hall Architects will ensure that it will safely

operate the battery powered Phantom 3 Professional UA during daylight hours in visual 

metrological conditions (VMC) under visual flight rules (VFR), with enough battery power

to fly for a total duration of 20 minutes to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least five minutes (i.e., 20 percent battery

power remaining).

Here, as in Exemption No. 11109, the technical specifications of the 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 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the Phantom 3 Professional UAS

provides audible and visual warnings to the PIC at the GCS when the UA has low battery

power remaining.
31

Significantly, the Phantom 3 Professional UAS has been the subject of multiple

Grants of Exemption from Section 91.151 (Exemption Nos. 11153, 11157), and other 

previous exemptions granted by the FAA concerning Section 91.151 establish that safety is 

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

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in 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, 11166, 11167, 11170, 11171, 11172).

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, Hall Architects 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 all maintenance, alterations, or preventive maintenance of the Phantom 3 

Professional UAS performed by Hall Architects will be in accordance with the methods, 

techniques, and practices prescribed in the operating documents (i.e., the Phantom 3 

Professional User Manual, the Phantom 3 Professional Quick Start Guide, the Phantom 3 

Professional Checklists, the Smart Flight Battery Safety Guidelines and the Phantom Pilot 

Training Guide). Furthermore, only the Original Equipment Manufacturer (OEM) or

qualified OEM maintainers will perform higher level inspections and maintenance per the 
32

operating documents and OEM standards. Hall Architects will document and maintain all 

maintenance records for the Phantom 3 Professional UAS.

Since the Phantom 3 Professional UAS will be inspected as prescribed by the

operating documents, Hall Architects will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The following

operating documents are attached hereto, identified as the following Exhibits: (A) the

Phantom 3 Professional User Manual; (B) the Phantom 3 Professional Quick Start Guide; 

(C) the Phantom 3 Professional Checklists; and (D) the Smart Flight Battery Safety

Guidelines. The foregoing exhibits contain proprietary information and are to be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b).

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

maintenance, alterations, or preventive maintenance of the Phantom 3 Professional UAS 

will be performed by Hall Architects in accordance with the methods, techniques, and 

practices prescribed in the operating documents. Only the Original Equipment 

Manufacturer (OEM) or qualified OEM maintainers will perform higher level inspections 

and maintenance per the operating documents and OEM standards. Hall Architects will

document and maintain all maintenance records for the Phantom 3 Professional UAS.

Furthermore, an equivalent level of safety established by Sections 91.407, 91.417(a) 

and

91.417(b), because Hall Architects will document and maintain all of the maintenance

records for the Phantom 3 Professional UAS.

The Phantom 3 Professional UAS has been the subject of multiple Grants of 

Exemption from Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) 

and (b) (Exemption Nos. 11153, 11157), and other previous exemptions granted by the
33

FAA concerning these Sections establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are considered (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 

11170, 11171, 11172).

7. 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, Hall Architects requests that the 

FAA prescribe special conditions for the intended operation of the 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

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

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for 

the limited purpose of conducting aerial acquisitions within the NAS for compensation or

hire. 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 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
34

Unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states 

the following:

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

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or

propeller, he prescribes special conditions and amendments thereto for the product. 

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.

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 Hall Architects’ intended operation of the 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 Sections61.113(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).

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

stating: The Rules From Which Hall Architects Seeks Exemption:

Hall Architects LLC. seeks exemption from the requirements of 14 C.F.R Sections

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

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

A Brief Description Of The Nature Of The Exemption Hall Architects Seeks:

This exemption will permit Hall Architects, Inc.to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial

acquisitions within the National Airspace System (NAS).

G. Any Additional Information, Views, Or Arguments Available To Support

Hall Architects’ 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
35

UAS may operate safely in the NAS. As such, Hall Architects’ 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, Hall Architects will operate the 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, Hall Architects 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 Phantom 3 Professional UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial acquisitions within the 

National Airspace System (NAS). By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012,

while also advancing the interests of the public, by allowing Hall Architects to safely,

efficiently, and economically operate the 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, Hall Architects respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 
36

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Hall Architects to operate the 

Phantom 3 Professional UAS commercially for the purpose of conducting aerial acquisitions

within the NAS.

Respectfully submitted,

Hall Architects, Inc.

/s/ Dennis J. Hall

June 22, 2015

Dennis J. Hall

Hall Architects, Inc.

501 North Church Street

Suite 200

Charlotte North Carolina, 28202

Tel: 704.375.2889

Fax: 704.334.1027