UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

MANNEAC, PLLC

Federal Employer ID #: 47-3088220

Texas PE Firm: F-16789

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 a) b) DJI PHANTOM 3 PROFESSIONAL

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on Oct 23, 2015

MANNEAC PLLC

Chris A. Saurenmann, PE

146 Deer Crossing Way

Azle, TX 76020

817-304-7184

Chris.Saurenmann@MannEAC.com
TABLE OF CONTENTS

Page

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

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

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

BACKGROUND................................................................................................................5

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH, MANNEAC PLLC

SEEKS EXEMPTION .......................................................................................7

THE EXTENT OF RELIEF MANNEAC PLLC SEEKS AND THE REASON

MANNEAC PLLC SEEKS THE RELIEF .............................................................10

THE REASONS WHY GRANTING MANNEAC PLLC’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ...................................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY............................................................................................................16

CONCLUSION.................................................................................................................32

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

MANNEAC PLLC 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 pursuant to Section

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

permit MANNEAC PLLC to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography for engineering

surveys, digital elevation models, and orthographic models, structural and power surveys, 

as well as real estate photography, wedding videography, special events, film sets, landscape, 

over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Chris A. Saurenmann, PE. of MANNEAC PLLC, a Federally

recognized Professional Limited Liability Corporation in the state of Texas, registered as an

engineering firm (Texas PE Firm F-16789). It is my mission to provide my

clients with expertise and knowledge in all aspects of engineering surveys, orthographic

surveys, digital elevation models, structural and power surveys, as well

as various supportive engineering, picture, video & audio production,

which will provide them with advanced technologies & solutions that will increase

efficiency, productivity and effectiveness. MANNEAC PLLC also provides clients with

the highest quality engineering, structural, site and power surveys, concentrating on improving

plant throughput and efficiencies, as well as providing digital content for use in their commercial, 

personal, and non-profit, multimedia projects. MANNEAC PLLC has nearly twenty years of

professional experience in engineering, engineering surveys, orthography, along with

supportive photography and videography, and has become recognized as an expert in this field.

MANNEAC PLLC has over twenty years of recreational/hobby experience in all aspects of aerial

video and photography. The objective of MANNEAC PLLC’s aerial video and

photography operations is to provide high quality imaging for a variety of commercial,

public, and residential uses, specifically targeting:

 

• Engineering Aerial Surveys for land survey purposes

• Engineering Aerial Surveys for structural/fatigue investigations

• Digital Elevation Model Creation for Accurate Modeling of Existing and Future Development

• Various Structural, Power, Thermal Surveys with the aim to Improve Energy Efficiency

• Various Structural, Power, and Thermal Surveys with the aim to Ensure Safety

• Real Estate Videography and Photography (mainly commercial)

• Wedding Videography and Photography

• Land survey & appraisals

• Equipment Inspections

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• Roof Inspections

• Construction sites before & after

• Precision Agriculture

• Creation of commercial messages for Television.

• Search and Rescue Operations

• Motion Picture Filming

• Increase public knowledge of UAS and promote safe UAS operations.

 

 

BACKGROUND

Unmanned Aircraft Systems: DJI PHANTOM 3 PROFESSIONAL UASs

MANNEAC PLLC seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI PHANTOM 3 PROFESSIONAL is a vertical takeoff

and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone systems.

The DJI PHANTOM 3 PROFESSIONAL has a maximum gross weight of 2 pounds 14 ounces, a

length of 23.3 inches, width of 23.3 inches, height of 8 inches, and a maximum speed

of approximately 32 knots. The DJI PHANTOM 3 PROFESSIONAL UAs is

equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The DJI PHANTOM 3 PROFESSIONAL UAs will be operated by MANNEAC PLLC. and 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, MANNEAC PLLC, pursuant to the provisions of the Federal Aviation

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator to commercially operate the DJI

Inspire 1 UASs 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).

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

with the unmanned aircraft and its operation, MANNEAC PLLC operation of

DJI PHANTOM 3 PROFESSIONAL UASs 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.

Accordingly, MANNEAC PLLC 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.

5
MANNEAC PLLC submits that the requested relief is proper since an equivalent

level of safety will be ensured. MANNEAC PLLC will use experienced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

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

Monthly Maintenance Log, and DJI PHANTOM 3 PROFESSIONAL Instruction

Manual). Furthermore, MANNEAC PLLC will document and maintain all maintenance

records for the DJI PHANTOM 3 PROFESSIONAL UASs.

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

pilot privileges and limitations: Pilot in command , is requested by MANNEAC PLLC 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 DJI PHANTOM 3 PROFESSIONAL UASs in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

MANNEAC PLLC seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI PHANTOM 3 PROFESSIONAL UASs do not

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

such, MANNEAC PLLC submits that they will ensure that the 

DJI PHANTOM 3 PROFESSIONAL UASs are in an airworthy condition, prior to every flight, by determining

that the UASs 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.

MANNEAC PLLC also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI PHANTOM 3 PROFESSIONAL UAs

will not have a typical barometric altimeter onboard. However, altitude information of the

DJI PHANTOM 3 PROFESSIONALUAs 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 MANNEAC PLLC’s operation of the 

DJI PHANTOM 3 PROFESSIONAL UASs within visual line of sight, at or below 500 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, MANNEAC PLLC seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. G.I.M. PRODUCTIONS,

Inc. submits that safety will not be affected by operation of 

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 22 minutes to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 16 minutes.

In accordance with 14 C.F.R. § 11.81, MANNEAC PLLC provides the following

information in support of its petition for exemption:

6
A. Name And Address Of The Petitioner.

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

Chris A. Saurenmann, PE c/o MANNEAC PLLC

146 Deer Crossing Way

Azle, TX 76020

Tel: (630) 708-7359

Email: Chris.Saurenmann@MannEAC.com

B. The Specific Sections Of 14 C.F.R. From Which MANNEAC PLLC Seeks

Exemption.

1. MANNEAC PLLC Seeks Exemption From The Requirements Of Section

Part 21, Subpart H

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the

issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. MANNEAC PLLC 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

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

3. MANNEAC PLLC 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.

4. MANNEAC PLLC 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 of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this section, the current reported altimeter setting of an appropriate

available station; or

7
(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.

5. MANNEAC PLLC 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 f or at least 20 minutes.

6. MANNEAC PLLC 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—

(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[.]

7. MANNEAC PLLC 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[.]

8. MANNEAC PLLC 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
9. MANNEAC PLLC 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, 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.

9
C. The Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

Seeks The Relief.

1. MANNEAC PLLC Seeks Exemption From The Requirements Of Section Part 21,

Subpart H

Given the size and limited operating area associated with the UAS to be utilized by

MANNEAC PLLC, an exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness

certificate, upon consideration of the size, weight, speed, operational capability, and

proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an

airworthiness certificate, in the restricted environment and under the conditions proposed

will be at least as safe, or safer, than a conventional rotorcraft operating with an

airworthiness certificate without the restrictions and conditions of the proposed UAS

operations.

2. Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

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 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 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, MANNEAC PLLC 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.

10
Further, MANNEAC PLLC submits that all flights of the DJI

Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to MANNEAC PLLC' business; and (2) will not carry passengers or property for

compensation or hire.

3. Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

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 MANNEAC PLLC to determine that the DJI

Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS

is in compliance with the operating documents (i.e., the MANNEAC PLLC Aerial

Operations Manual, Monthly Maintenance Log, DJI

Inspire 1 Instruction Manual).

MANNEAC PLLC seeks the requested relief because DJI

Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R.

Part 21, Subpart H. Therefore, MANNEAC PLLC will ensure that the

DJI PHANTOM 3 PROFESSIONAL UASs are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and 

DJI PHANTOM 3 PROFESSIONAL Instruction Manual) prior to every flight, and further,

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

limitations below.

4. Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

Seeks Relief From Section 91.121.

Relief from Section 91.12 1, entitled Altimeter settings , may be required to allow flight

operations of the DJI PHANTOM 3 PROFESSIONAL UASs, which utilize 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). Since the FAA requires that any altitude information concerning UAS

operations be reported to air traffic control (ATC) in feet above ground level (AGL),

MANNEAC PLLC seeks the requested relief because the DJI

Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 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 of the GCS.

11
5. Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

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 

DJI PHANTOM 3 PROFESSIONAL UAs during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first

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

least 4.5 minutes. MANNEAC PLLC seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI

Phantom 2 DJI PHANTOM 3 PROFESSIONAL UAs will severely constrain the practicality of any

aerial video or still photo flight operations that MANNEAC PLLC proposes to conduct

pursuant to this Petition.

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

DJI PHANTOM 3 PROFESSIONAL UASs, DJI PHANTOM 3 PROFESSIONAL operating

documents, and MANNEAC PLLC’s proposed operating limitations, ensure that MANNEAC PLLC

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 of 13.5 minutes

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

for at least 4.5 minutes.

6. Extent Of Relief MANNEAC PLLC Seeks And The Reason MANNEAC PLLC

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, MANNEAC PLLC requests relief from

these Sections because DJI PHANTOM 3 PROFESSIONAL UASs do not require

airworthiness certificates. As set forth more fully below, 

DJI PHANTOM 3 PROFESSIONAL UASs meet the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, MANNEAC PLLC will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the

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

MANNEAC PLLC Aerial Operations Manual, Monthly Maintenance Log, and

DJI PHANTOM 3 PROFESSIONAL Instruction Manual). Furthermore, MANNEAC PLLC

will document and maintain all maintenance records for the 

DJI PHANTOM 3 PROFESSIONAL UASs.

12
D. The Reasons Why Granting MANNEAC PLLC 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 MANNEAC PLLC

to safely, efficiently, and economically perform aerial video and photography of, real

estate, wedding films, special events, precision agriculture, land survey & appraisal,

construction sites, equipment & roof inspections, film sets and landscape over certain

areas of the United States.

Additionally, use of DJI PHANTOM 3 PROFESSIONAL UASs will decrease

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

Notably, the benefits of MANNEAC PLLC’s proposed operation of the 

DJI PHANTOM 3 PROFESSIONAL UASs will be realized without implicating any privacy issues.

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

DJI PHANTOM 3 PROFESSIONAL UAs are 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

Inspire 1 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 do not require an airport to takeoff or

land.

Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

DJI PHANTOM 3 PROFESSIONAL UASs.

Conducting aerial acquisitions with DJI PHANTOM 3 PROFESSIONAL UAS ’s,

instead of manned aircraft, will greatly benefit the public by drastically reducing the

levels of air and noise pollution generated during traditional aerial video and still

photography flight operations. By using battery power and electric motors, the DJI

Phantom 2 DJI PHANTOM 3 PROFESSIONAL UASs produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography,

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI

Phantom 2 DJI PHANTOM 3 PROFESSIONAL UAs, while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered

electric motors, rather than an internal combustion engine.

13
By using DJI PHANTOM 3 PROFESSIONAL UAS’s 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, DJI PHANTOM 3 PROFESSIONAL UAs (weighing

approximately 2 pounds 11 ounces, at their

maximum gross weights with lengths of 24 inches, widths of

24 inches, and with no fuel on board), has less physical

potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar operations (weighing

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34

feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The 

DJI PHANTOM 3 PROFESSIONAL UASs Will Benefit The Economy.

In addition to being safe and efficient, DJI PHANTOM 3 PROFESSIONAL

UASs are also an economical alternative to using manned aircraft to conduct similar

aerial operations. As such, operation of DJI PHANTOM 3 PROFESSIONAL

UASs will allow United States based companies, like MANNEAC PLLC, 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 UASs 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 DJI PHANTOM 3 PROFESSIONAL UASs, companies such as

MANNEAC PLLC, 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 DJI PHANTOM 3 PROFESSIONAL UASs, provides a stable

workforce that increases consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

decades, MANNEAC PLLC’s proposed operation of DJI

PHANTOM 3 UASs will not implicate any privacy issues. Specifically, the 

DJI PHANTOM 3 PROFESSIONAL UASs will be operated only in compliance with operating

documents (i.e., the MANNEAC PLLC Aerial Operations Manual, Monthly Maintenance

Log, and DJI PHANTOM 3 PROFESSIONAL Instruction Manual) which requires

14
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.

15
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 MANNEAC PLLC Seeks Exemption.

1. Reasons Why 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, MANNEAC PLLC’s operation of the 

DJI PHANTOM 3 PROFESSIONAL UAS ’s meet the conditions of FMRA Section 333, and will not

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

Section 333 provides authority for a UAS to operate without airworthiness certification

and sets forth requirements for considering whether a UAS will create 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, MANNEAC PLLC submits that 

DJI PHANTOM 3 PROFESSIONAL UASs can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of DJI PHANTOM 3 PROFESSIONAL

UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

16
a. The Specifications Of DJI PHANTOM 3 PROFESSIONAL UASs

Demonstrate Its Safe Characteristics.

DJI PHANTOM 3 PROFESSIONAL UASs do not create a hazard to users of

the NAS or the public, or otherwise pose a threat to national security considering its size,

weight, speed, and operational capability.

i. Technical Specifications Of DJI PHANTOM 3 PROFESSIONAL UASs.

The technical specifications of DJI PHANTOM 3 PROFESSIONAL UASs are

set forth by DJI PHANTOM 3 PROFESSIONAL Specifications and Data Sheet,

attached hereto as Exhibit A and B.

ii. DJI PHANTOM 3 PROFESSIONAL UASs Autonomous Flight And

Navigation Modes Enable The UASs To Remain Within A Defined Operational

Area.

DJI PHANTOM 3 PROFESSIONAL UASs may be operated in both manual and

fully autonomous flight modes. A complete description of the flight and navigational

modes of DJI PHANTOM 3 PROFESSIONAL UASs are provided at pages 12-18 

and 45-52 of the DJI PHANTOM 3 PROFESSIONAL User

Manuals, attached hereto as Exhibit B

iii. DJI PHANTOM 3 PROFESSIONAL UASs 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, 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 do not reacquire control link data from the GCS, the UAs

will assume that the Control Link is lost and the UAs will return to the home position

(i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A

complete description of the Failsafe Functions for the

DJI PHANTOM 3 PROFESSIONAL at pages 13 through 15 of the DJI PHANTOM 3 PROFESSIONAL User Manual, attached 

hereto as Exhibit B.

iv. DJI PHANTOM 3 PROFESSIONAL GCS And Its Operation.

A complete description of the operation and specifications of the 

DJI PHANTOM 3 PROFESSIONAL GCS and flight control software is provided at 

pages 24 through 34 of the DJI PHANTOM 3 PROFESSIONAL

User Manual. DJI PHANTOM 3 PROFESSIONAL User Manuals are attached hereto

as Exhibits B.

b. Flight Operations Of DJI PHANTOM 3 PROFESSIONAL UASs Are

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

Observer.

MANNEAC PLLC will only utilize certificated pilots who possess a current and valid

17
airman medical certificate to act as a pilot in command (PIC) of the 

DJI PHANTOM 3 PROFESSIONAL UASs. Additionally, in areas likely to have

Risk to public, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI PHANTOM 3 PROFESSIONAL UASs Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, MANNEAC PLLC proposes to commercially operate DJI

Phantom 2 DJI PHANTOM 3 PROFESSIONAL UASs for the special purpose of conducting

aerial video and photography over certain areas of United States, pursuant to the

following specific operating limitations:

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 55

pounds maximum gross weight: DJI PHANTOM 3 PROFESSIONAL Unmanned

Aircraft Systems. Proposed operations of any other aircraft will require a new petition or

a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography.

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

4. The UA must be operated at an altitude of no more than 500 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 SO and

PIC must be able to communicate verbally at all times. Electronic messaging or texting is

not permitted during flight operations. The PIC must be designated before the flight and

cannot transfer his or her designation for the duration of the flight. The PIC must ensure

that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and is not

permitted to operate the camera or other instruments.

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

18
operations and made available to the Administrator upon request. If a discrepancy exists

between the conditions and limitations contained in the grant of exemption and the

procedures outlined in the operating documents, the conditions and limitations contained

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

must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that any

update or revision would affect the basis upon which the FAA granted the exemption,

then the operator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (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 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 UASs 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 thirdclass medical certificate.

19
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 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). 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 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 predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

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

accordance with the operating documents.

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

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

landing point and land the UA with 25% 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 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as

large as practicable.

20
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 fewer than 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. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons), vessels,

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from

the UA and/or debris in the event of an accident. The operator must ensure that

nonparticipating persons remain under such protection. If 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, SO, operator trainees or essential persons do not present

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

32. All operations shall be conducted over private or controlled-access property with

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

land owner/controller or authorized representative will be obtained for each flight to be

conducted.

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

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

the FAA's UAS Integration Office (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.

MANNEAC PLLC 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

DJI PHANTOM 3 PROFESSIONAL UASs unless that PIC has demonstrated, by

21
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 MANNEAC PLLC’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

Inspire 1 UAS, MANNEAC PLLC submits that the additional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship

skills necessary for MANNEAC PLLC’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).

MANNEAC PLLC 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 of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days

(for currency purposes).

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 MANNEAC PLLC’ 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 same make

and model of UAS to be used for operations under the exemption. For clarification, the

22
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, MANNEAC PLLC will ensure safe operations by not allowing any

PIC to operate the DJI PHANTOM 3 PROFESSIONAL UAS unless that PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC

is able to safely operate the DJI PHANTOM 3 PROFESSIONAL UAS in a manner

consistent with the exemption, including evasive and emergency maneuvers and

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

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

because prior to every flight, MANNEAC PLLC 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 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 information of 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 MANNEAC PLLC’ operation

of DJI PHANTOM 3 PROFESSIONAL UAs within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude information will be generated by GPS equipment installed onboard the aircraft.

23
Prior to each flight, a zero altitude initiation point is automatically established by the

UASs 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).

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 DJI

Phantom 2 DJI PHANTOM 3 PROFESSIONAL UASs; (2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, DRONE

NY, Inc. will ensure that it will safely operate the battery powered 

DJI PHANTOM 3 PROFESSIONAL UAs during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 13.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom

2 DJI PHANTOM 3 PROFESSIONAL UASs; 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

 DJI PHANTOM 3 PROFESSIONAL UASs 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 battery power. At the critically low battery level, the DJI Phantom

DJI PHANTOM 3 PROFESSIONAL UASs 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 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).

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, MANNEAC PLLC submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established

24
by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because MANNEAC PLLC will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and

practices prescribed in the operating documents (i.e., the MANNEAC PLLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI

Inspire 1 Instruction Manual). Furthermore, MANNEAC PLLC will document and

maintain all maintenance records for DJI PHANTOM 3 PROFESSIONAL UASs.

Since DJI PHANTOM 3 PROFESSIONAL UASs will be inspected as

prescribed by the operating documents, MANNEAC PLLC will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy

of DJI PHANTOM 3 PROFESSIONAL User Manuals are attached hereto as

Exhibit C and D; a copy of DJI PHANTOM 3 PROFESSIONAL UAS

Maintenance LOG is attached hereto as Exhibit E.

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

NY, Inc. 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 UASs will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning 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 of

the UAS are considered.

In consideration of MANNEAC PLLC’s proposed operating limitations, the

operating documents, and the technical aspects of DJI

PHANTOM 3 UAS’s, MANNEAC PLLC 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 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, MANNEAC PLLC

requests that the FAA prescribe special conditions for the intended operation of the

 DJI PHANTOM 3 PROFESSIONAL UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established

25
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 UAs for the limited purpose of

conducting aerial video and photography over certain areas of the United States 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 DJI PHANTOM 3 PROFESSIONAL UASs,

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 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 Leading Edge ’s intended operation of the 

DJI PHANTOM 3 PROFESSIONAL UASs, 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 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).

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

The Rules From Which MANNEAC PLLC Seeks Exemption:

MANNEAC PLLC 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 MANNEAC PLLC

Seeks:

This exemption will permit MANNEAC PLLC to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States.

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Any Additional Information, Views, Or Arguments Available To Support MANNEAC

PLLC’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, MANNEAC PLLC’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, MANNEAC PLLC will

operate DJI PHANTOM 3 PROFESSIONAL UASs safely in the NAS, without

creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national

security.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

MANNEAC PLLC only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user

to set parameters which will not allow flight into controlled airspace. Parameters can also

be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real-time

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

 

 

Aircraft 

Weight (including battery and propellers) 1280 g

Diagonal size (including propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

•Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

•Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera 

Sensor Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range 100-3200 (video) 100-1600 (photo) 

Shutter Speed 8s -1/8000s

Image Max Size 4000 x 3000

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Still Photography Modes

•Single Shot

•Burst Shooting: 3/5/7 shots

•Auto Exposure Bracketing (AEB): 3/5

•Bracketed Frames at 0.7EV Bias

•Time-lapse

Video Recording Modes

Phantom 3 Professional

•UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

•FHD: 1920x1080p 24/25/30/48/50/60

•HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate of Video Storage Phantom 3 Professional 60 Mbps

Supported File Formats

•FAT32/exFAT

•Photo: JPEG, DNG

•Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal 

Controllable Range Pitch -90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

Vision Positioning 

Max Velocity Less than 8 m/s (when 2 m above ground)

Altitude Range 50 cm-300 cm

Operating Range 50 cm-300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller 

Operating Frequency 2.400 GHz-2.483 GHz

Max Distance 2000m (outdoors and unobstructed)

Receiver Sensitivity (1%PER) -101 dBm ±2 dBm

Transmitter Power (EIRP)

•FCC: 20 dBm

•CE: 16 dBm

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Working Voltage

1.2 A @7.4 V

Battery Charger 

Voltage 17.4 V

Rated Power

Phantom 3 Professional

•100 W

Intelligent Flight Battery 

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time

Approximately 23 minutes 

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live View 

Mobile App DJI GO

EIRP 100mW

Power Spectral Density 6.9mW/MHz

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and mobile device)

Latency 220ms (depending on conditions and mobile device)

Required Operating Systems

•iOS 8.0 or later

•Android 4.1.2 or later

Recommended Devices

•iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad mini 2, iPad mini 2 Wi-Fi + Cellular, iPad 

Air 2, iPad Air 2 Wi-Fi + Cellular, iPad mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iPhone 

6, and iPhone 6 Plus

•Android: Samsung tabs 705c, Samsung S6, Samsung S5, Samsung NOTE4, Samsung NOTE3, Google Nexus 9, Google 

Nexus 7 II, Ascend Mate7, Nubia Z7 mini, SONY Z3 EXPERIA, MI 3, MI PAD

 

 

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APPENDIX - B

DJI PHANTOM 3 PROFESSIONAL Manufacturer’s User Manual

User manual can be found at:

http://www.dji.com/product/phantom-3/download

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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