By letter dated June 8, 2015, Mr. Thomas Gunnels, Owner of Hivemind 

LLC, 726 Lockwood NE Apt. 2, Grand Rapids, Michigan, petitioned the 

Federal Aviation Administration (FAA) for an exemption from part 21, 

subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 

91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14 CFR). 

The proposed exemption would allow Thomas Gunnels to operate the DJI 

Phantom 3 Professional quad-copter unmanned aircraft system (UAS) to 

conduct aerial videography and cinematography to enhance his current 

video production company, which works to provide the highest quality 

services for local businesses such as real estate agents, construction 

companies, environmental conservation groups seeking aerial 

documentation of natural resources and natural landscapes, and local 

event organizers seeking aerial documentation of planned events, including 

augmenting wedding videography services with aerial photography and 

video. 

The petitioner supports his request with the following information: 

The petitioner has provided the following information – contained in his 

petition and supporting documentation including: 1) Supplemental 

Response for Petition, 2) Phantom 3 Professional Quick Start Guide 

v1.0, 3) Phantom 3 Professional Manual v.1.2, 4) Phantom 3 Intelligent 

Flight Battery Safety Guidelines v1.0 and 5) Phantom 3 Safety Guidelines 

and Disclaimer. 

The FAA has organized the petitioner’s information into four sections: 1) the 

unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) 

the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the DJI Phantom 3 

Professional, which is comprised of an unmanned aircraft (UA or 

PHANTOM) and a transportable ground station.

The Phantom is referred to as a quad-copter with a maximum gross weight 

of 3 pounds, with battery and propellors attached. It is equipped with four 

rotors that are driven by electric motors powered by batteries. The UA has 
a maximum airspeed of 30 knots. The Phantom 3 Professional represents 

the next generation of DJI quadcopters. It comes equipped with a failsafe 

Return-To-Home Function that is automatically activated should the remote 

controller signal be lost for more than three seconds. The Return- to-Home 

process may be interrupted and the operator may regain control of the 

aircraft if the remote controller signal connection is re-established. It not 

only Returns-To-Home if remote controller signal is lost, but in the case of a 

low battery. Beyond using GPS for location accuracy, the DJI Phantom 3 

also employs the DJI Vision Positioning System, which uses ultrasound 

and image data to help the aircraft maintain its current position. With the 

help of Vision Positioning, the Phantom 3 Professional can hover in place 

more precisely and fly indoors or in other environments where a GPS 

signal is not available. The Phantom 3 is also equipped with front and rear 

LED lights, ensuring that it is always visible while in the air. 

Petitioner makes the following representations of operational 

enhancements which he proposes to abide by to ensure this exemption will 

provide a level of safety at least equal to existing rules: 

• He will only operate in reasonably safe environments that are strictly 

controlled, are away from power lines, elevated lights, airports and actively 

populated areas; and 

• He will conduct extensive preflight inspections and protocols, during 

which safety carries primary importance.

The petitioner states that given the size, weight, speed, and limited 

operating area associated with the aircraft to be utilized by him, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and 

§ 91.203 (a) and (b) (Certifications required), subject to certain conditions 

and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 

112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft 

because his UA will not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, he states that two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the 

minimal lettering requirement. Regardless of this, petitioner states that 

he will mark his UAS in the largest possible lettering by placing the word 

“Experimental” on its fuselage as required by § 45.29(f) so that he or 

anyone assisting him as a spotter will see the markings.
The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 

91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be 

required and should be granted since they only apply to aircraft with an 

airworthiness certificate. However, the petitioner states as a safety 

precaution he will perform a preflight inspection of his UAS before each 

flight as outlined in his operating documents.

UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are 

limited to non commercial operations, however he can achieve an 

equivalent level of safety as achieved by current regulations because his 

UAS does not carry any pilots or passengers. Further, he states that, while 

helpful, a pilot license will not ensure remote control piloting skills. 

He further indicates that the risks of operating a UAS are far less than the 

risk levels inherent in the commercial activities outlined in 14 CFR part 61, 

et seq., thus he requests an exemption from § 61.113 Private Pilot 

Privileges and Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he has flown 

numerous practice flights in remote areas as a hobbyist simulating flights 

for future commercial use to gain familiarization with the characteristics of 

his UAS’ performance under different temperature and weather conditions. 

He further states that he practices computerized simulated flights 

to maintain adequate skills and response reflex time.

In addition, the petitioner has an active membership with the AMA 

(Academy of Model Aeronautics) which provides the following liability 

coverage: 

 • Liability Coverage for the Operation of Model Aircraft, Boats, Cars, 

and Rockets 

 • $2,500,000 Comprehensive General Liability Protection for model 

activities for members, clubs, site owners, and sponsors 

 • $25,000 Accident/Medical Coverage for members 

 • $10,000 Maximum Accidental Death Coverage for members 

 • $1,000 Fire, Theft, and Vandalism Coverage for members 

 • Primary Site Owner Insurance 
 • Information how to obtain Non Profit status to retain income as a Tax 

Exempt organization under IRS Section 501(c)(3) 

 • Accumulated assets ($11 million) 

In conclusion, the ability to use a lightweight UAS to capture photos and 

video as necessary for clients acts as a much safer alternative to other 

methods, such as helicopters with combustible gas propulsion systems.