July 5 2015 

Attn: 

U.S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590 

RE: David B Hogan dba. VinShadow Group LLC 

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS 

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

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 

3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

David B Hogan 

President 

VinShadow Group LLC 

648 W Watersville Rd 

Mount Airy, Maryland 21771 

(301)-829-9357 

dbh@vinshadow.com 

TABLE OF CONTENTS 

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

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

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

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

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

1 

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

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH THE ALTEK MEDIA GROUP 

SEEKS EXEMPTION ............................................................................................................ ? 

THE EXTENT OF RELIEF VINSHADOW GROUP LCC SEEKS AND THE REASON 

VINSHADOW GROUP LLC SEEKS THE RELIEF .................................... : .................. 10 

THE REASONS WHY GRANTING VINSHADOW GROUP LLC'S REQUEST WOULD 

BE IN THE PUBLIC INTEREST ..................................................................................... 12 

THE REASONS WHY GRANTING THE EXEMPTION TO VINSHADOW GROUP LLC 

WOULD NOT ADVERSELY AFFECT SAFETY .............................................................. 14 

SUMMARY THAT CAN BE PUBLISHED.IN THE FEDERAL REGISTER. .................. 25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT VINSHADOW GROUP' LLC'S REQUEST ... ': .................... : ............................ 25 

CON.CLlJSION., ............................. ~·· .•............. ' .. : .•.... : ... :,··········:·: ....... : .......... , .... ~·······················25 APPENDICES ........ ·~ .................................... ·.·: ....•.........•... ·.. ~·. : .. :. : ... ·.· ........ 26 

AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR· 

GCS 

GPS 

LOL 

NAS 

NOT AM 

PIC 

Section 333 

so 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

. \' 

GLOSSARY OF ABBREVIATIONS: 

Above Ground Level 

Area of Interest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code ofFederal Regulations 

Oerl:ificate of Authorization 

. Federal Aviation Administration 

Federal· Aviation Regulation · 

Ground Control Station 

Global Positioning System 

Loss ofLink 

National Airspace System 

Notice to Airman 

Pilot In Command 

FAA Modernization and Reforni Act of2012 (FMRA) 

Safety Observer 

Standard Operating Proc~dures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules,. 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

2 
. SUMMARY . 

David B Hogan, dba. VinShadow Group LLC hereafter referred to as VinShadow Group LLC 

seeks exemption from the requirements of14 C.F.R §§ 61.113(a) & (b), 91.7(a), 9L121,91.151(b), 

91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a)' & (b), to operate an Unm~mned 

Aircraft System (DJI Phantom 3) pursuant to Section 333 of the FAA Modeniization and Reform 

Act of 2012 (FMRA). This exemption will permit VINSHADOW GROUP LLC to operate an 

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

photography of construction sites, residential and commercial real estate, civil landscapes and 

events over certain areas of the United States.' ' .. · . " · , ':: 

INTRODUCTION AND INTERESTS OF THKPETITIONER 

VinShadow Group LLC has since 1984 provided their clients (which include private sector 

businesses and commercial construction, along with local state and federal agencies) with expertise 

and knowledge in the General Construction. VinShadow Group LLC has worked on hundreds of 

large scale projects where there is both a desire and a need for video and photographic records. In 

the past we have supplied our client's.aerial video and ph0tography using commercial aircraft 

services. The objective of VinShadow Group LLC. and our Unmanned Aircraft System (DJI 

Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a 

variety of private, governmental, commercial, public, and residential uses, specifically targeting 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

• Private and governmental training 

We safely flown small RC electric quadcopters, hobby aircraft and cars recreationally for 

approximately 17 years without incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

VINSHADOW GROUP LLC seeks an exemption · to 'operate DJI Phantom 3 system . for 

compensation or hire within the N AS. The DJI Phantom 3. is 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 has a maximum gross weight of approximately 2.8 lb. while 

having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a 

3 
maximum flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

The DJI Phantom 3 that will be operated by VINSHADOW GROUP LLC 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 Registratio,n 

Marking.· · 

BASIS FOR PETITION 

Petitioner, VINSHADOW GROUP LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14'C.F.R. § 11.61) and the FAA Modernization andReform Act of2012 (FMRA)~ 

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

Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System 

(NAS), and for an exemption from the requirem{mts of 14 C.F.R §§ 61.1i3(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 linlited operating area associated with th~. 

unmanned aircraft and its operation, VINSHADOW GROUP LLC operation of DJI Phantom 3 

UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness 

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

Accordingly, VINSHADOW GROUP LLC requests relief from Sections 91.405(a), 91.407(a)(l), 

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. 

YIN SHADOW GROUP LLC submits that the requested relief is proper since an equivalent level 

of safety will be ensured. VINSHADOW GROUP LLC will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the 

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

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, VINSHADOW GROUP 

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

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

limitations: Pilot in command, is requested by VINSHADOW GROUP LLC 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 flighthour and currency requirements, that ,the PI~ is· able to safely operate the DJI Phantom UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

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

VINSHADOW GROUP LLC seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 .UAS do not require an airworthiness certificate in 

accordance with 14 C.F .R. Part 21, Subpap: H. As such, VINSHADOW: GROUP LLC submits that 

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

determining that the UAS are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition 

for safe flight. · 

VINSHADOW GROUP LLC also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter 

onboard. However, altitude informatioti' of the DJI Phantom 3 UAS will be' provided to the PIC 

via Global Positioning System (GPS) equipment arid radio communications telemetry data link, 

which downlinks· from the U A to the GCS for active monitoring of the flight path. This altitude 

4 
information, c~mbined ~ith VINSHADOW GROUP,LLC's operation ofthe DJI Phantom 3 UAS 

within visual line of sight, at or belo.w 400 feet AGL, will ensure a level of safety equiv~.lent to 

Section 91.121. .. · · . . . 

Additionally, VIN$HADOW GROU~ LLC seeks an e~emption from: the requirements. of Se~tion 91.151(b), entitled Fuel requirement; for flight in VFR conditions. VINSHADOW GROUI,l LLC 

submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight 

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

battery power to fly for a total d;uration ofapprpxitp.ately 23 mintJtes. <Battery po'Yer indicators 

are also able to show exactly how mm~h battery power is left, as well as how much time is needed 

to return safely back to point oftake off. · . . . 

In accordance with 14 C.F.R. § 11.81, ,VIN.SHADOW GROUP LLC provid~s the following 

information in support of its petition for exemption: . .I 

A, Name And Address Of.Ihe Petitioner. . . , '· 

The name and address ofthe.Petitioner and point of contact is: 

David B Hogan · · · · 

President 

Oavid B Hogan, dba. VinShadow Group LLC 

648 W Watersville Rd 

Mount Airy, Maryland 21771 

(30 1 )-829-93 57 

dbh@vinshadow .com 

B. The Specific Sections Of 14 C.F:R. From Whi~h VINSHADOW GROUP LLC Seeks 

Exemption. · 

1. VINSHADOW GROUP LLC 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 tlie· following, in relevant' part: 

(a) No person who holds a· private pilot certificate may act ~sa pilot ih cormhand (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, fqr cpmpensation 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 pass~ngers or property for compensation or hire. 

2. VINSHADOW GROUP LLC Seeks Exemption From '{he Requirements Of Section 

91.7(a). · . · · 

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

5 
(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Section 

91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the f9llowip_g, 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 aitl.meter setting of a station along the route and within 

1 00 nauticaJ miles of the aircraft; . 

(ii) If there is no station within the area prescrib~d in paragraph (a)(l)(i) of this 

section, the curre~treported alti.meter setting of an appropriate available station; 

or 

(iii) In the case of ari aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure. 

4. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Section 

91.15l(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, 'assi.tming normal cruising speed, to fly after that 

for at least 20 minutes. · 

5. VINSHADOW GROUP LLC Seeks Exemption From The R~quirement Of Section 

91A05(a). . . · · . · · · · 

. Section 91.405, entitled Maintenance r~quired, subsection (a), states the following: Each 

owner or operator of an aircraft-·· 

(a) Shall have that aircraft inspected as prescribed iri 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. VINSHADOW GROUP {;LC Seeks ·Exemption From The Requirements Of Section 

91A07(a)(l) . 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, subsection (a)(1), statesthe 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. VINSHADOW GROUP LLC Seeks Exemption From The Requirements Of Sections 

91.409(a)(l) 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 

6 
(2) An inspection for' the issuance of an aiiworthinyss certificate in accordance with 

part 21 of this chapter. 

8. VINSHADOW GROUP LLC Seeks Exemption F~on1 The Requirements Of Sections 

91.417(a) And 91.417(b). · · · . 

. Section 91.417, entitled Maint~nance 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, prev~'n.tive lllaintenance, and alteration and records 

of the 100-hour, annual, progressive, andother required or approved inspections, 

as appropriate, for each aircraft (Including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft, The recon;ls must include--

(i) A description (or r~ferenc~ fo data ac~ept~ble to the Administrator) of the 

work performed; and '' - - -

(ii) The date of ~ompletion of the wo* performed; and 

· (iii) The signature, and certificate number ofthe 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 pr~peller: and each 

rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. -

(iii} The time since las~ overhaul of all items installed on the aircraft which are 

required to be overhauied on a spe~ified tim~ basis. ' ' 

(iv) The current inspection status of the aircraft, iQ.cluding the time since the 

last inspection required by the inspe~tion program under which the aircraft and 

its appliances.are maintained. . 

(v) The current status of applicab~e ai~orthiness directives (AD) and safety 

directives including, for- each, the method of compliance, the Ab or safety 

. directive nu~ber and revi~joq_ date. Jf the, AD or, safety directive involves 

recurring action, the time arid date- when the next action is required. -

(vi) Copies of the forms prescribed by§ 43.9(d) oftb,is 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: 

(l) The records sp.ecified in paragraph ( a)(1) of this section. shall be ret~ined until 

the work is repeated or superseded by other work or f()r 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 fl,t the time the aircraft is sqld. , 

(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. 

7 
C. The Extent Of Relief VI:NSHADOW GROUP LLC Seeks And The Reason The 

VINSHADOW GROUP LLC Seeks 'fhe Relief. , . 

1. Extent Of Relief The VINSHADQW GR()UP LLC Seeks And The Reason VINSHADOW 

GROUP LLC Seeks Relief From Section 61.1l3(a) And (b). · 

Relief from Section 6L113(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 ~evel 

certificate, as well as a current and Valid ai.rman medical ceriifi·c'ate, and who has met certain flighthour and currency requirements; to coriduct theproposed.UAS flight operations for compensation 

or hire. 

This relief is requ~sted sine~ the limitations set forth in s·ection 61.113(a) and (b) state that a private 

pilot }llay, for compensation or hire, act as PIC of an aircraft in connection with any business or 

emplqyrnent if: (1) The flight is onlyinCidental to that business or employment; arid (2) The aircraft 

does not carry passengers or property for coll1perisatjon or hire. . . . . ·. . . . ... ·• . : • . . .. 

As set forth more fully below, VINSHADOW GROUP LLC submits tqat an equivalent level of 

safety will be maintained because no PIC will be allowed to opera'te the DJI Phantom 3 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 .UAS in a manner· cpnsistent with the operations 

specifications as described in thi~ eX: emptio~, includlngevasive and ~n1erg~ncy maneuvers, as well 

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

Further, VrNSHAOOW GROUP LLC submits ·that ali· flights of the DJI · Phantom 3 UAS, 

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

GROUP LLC's business; and (2) will n'ot ca~y pa~sengers or property for compensation or hire. 

2. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW 

GROUP LLC Seeks Relief From se'ction91.7(a).. · · · . •·. • .· · , . 

Relief from Section 91.7(a) entitl'ed Ctvitairerdftair-worthiness, is requested to the extent required 

to allow VINSHADOW GROUP LLC to determine that the.DJI Phantom 3 UAS are in airworthy 

condition prior to every flight by e.rtsuri.hg that the UAS is iii compliance with the operating 

documents (i.e., VINSHADOW GROUP LLC Aeriat Operations Manual, Monthly Maintenance 

Log, and DJI Phantom'3 Ihstructioti'Mamial). . · ·· · · · 

VINSHADOW GROUP LLC syeks,th~ requested relief because the n:n Phantom 3 UAS do not 

requite an airworthiness 'certificate in accordance with 14 C.F .R. Part 2( Subpart H. Therefore, 

VINSHADOW GROUP.LLC will ensure that theDJI Phantom 3 UAS are in airworthy condition 

based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3) prior to every flight, and further, deterinine that the aircraft are in condition for safe 

flight, as stated in the conditions and limitations below. . 

3. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW 

GROUP LLC Seeks Relief From Section 91.121. · 

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

of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor,' GPS equipment, and a 

radio communications 'telemetry data lirik: to downlink altitude information from the UA to the PIC 

at the ground control station (GCS).: S'ince the FAA requires ·that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), VINSHADOW GROUP LLCseeks the requested relief because the DJI Phantom 3 UA's 

8 
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 CPR 91.121 is sought 

to the ext~nt necess.ary to comply with the applicable conditions and limitations stated below. As 

~ore fully set forth herein, an equivalent 'le:vel of safety will be maintained since the DJI Phantom 

3 UAS are equipped with a barometric.pressure sensor and.GPS equipment, which automatically 

ensures that a gro~nd level presstire setting will be ~~tablished prior to each ·flight, and provides 

the PIC with altitude information of the UA ori the h,eads-:up display ofthe GCS. 

4. Extent Of Relief VINSHADOW GROUP LLC Seeks And The Reason VINSHADOW 

GROUP LLC Seeks Relief From Section 9i.t5l(b). · · · · 

Relief from Section 91.151 (b) entitled_F{tel ~~quirements for flight in VFR conditions, is requested 

to the extent required to allow flights. df tlie 'battery pow~red bJI Phantom 3 UAS' during daylight 

hours in yis,ual meteorological conditions (VMC), il.nder visual 'flight rules (VFR), for a total 

duration of23 minutes .. VINSHADOW GROUP LLC seeks the requested reliefbecau~e without 

an .exemption from Section 91.J 5 ·1 (b); the _flight tirp.~ durat~on of the battery powered DJI Phantol}l 

3 UAS will severely constrainthe practicality_of any aeri,a_l video or still photo flight operations 

that VINSHADOW G~,OUP LLC proposes. to conduct !m~suant to this Petition. · . . 

Significantly, as set forth }?elow, the technical specifications ofthe DJI Phantom 3 UAS, the DJI 

Phantom 3 operating. documents, and VINSHADOW GROUP LLC's proposed operating 

limitations, ensure that VINSHADOW GROUP LLC will safely operate the battery powered DJI 

Phantom 3 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 23 minutes. 

S. Extent Of Relief VIN.SHADOW GROUP L'LC:S~e]fs- ~nd_, The Reas~m VINSHAJ)OW 

GROUP LLC Seeks Relief F:romSections 91.40S(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b). · . · · . · ' · · · ·. · 

Since Sections 91.405(a), 91.407(a)(1), SH.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, VrNSHADo'W 'bROUP LLC requests relief from these 

Sections because the DJI Phantom 3 UAS do not require ain.vorthiness certificates. As set forth 

more fully below, the DJI Phantom 3 UAS meetth~ conditioi).sofFMRA Section 333 for operation 

without an airworthi.ness certificate. Accordingly, VINSHADOW GROUP LLC will use trained 

technicians to perform maintenance, alterations, or preven,tive mainte.nance on the UAS using the 

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

VINSHADOW GROUP LLC Aerial Operations. Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). Furthermore, VIN~HADOW GROUP LLC will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

D. The Reasons Why Granting VINSHADOW GRQtTP LLC ~equest 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 VINSHADOW GROUP 

LLC to safely, efficiently, and economically perform aerial video and photography of construction 

sites, real estate., e.v:ents. and civic landscape over certain areas of the United States. 

Additionally, use of _the. ,DJI Phantom 3 UAS • will decrease. congestion of the NAS, reduce 

pollution, and provide significant benefits to the ec()n,omy. Notably, the benefits ofVINSHADOW 

9 
GROUP LLCs proposed operation of the DJI Phal}-tom 3 UAS will be realized without implicating 

any privacy issues. 

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

The DJI Phantom 3 UAS are qattery powered and ser\re as a safe, efficient, and economical 

alternative to 'the manned aircraft traditi~nally utilized to obtain aerial ir#agery. By reducing the 

amount of manned aircraft needed to perf orin aerial acquisitions, an exemption allowing the use 

of a DJI Phantom 3 UAS would reduce the amount of marnied 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 UAS do not 

require an airport to takeoff or land. ·.Likewise, a reduction of maimed aircraft conducting aerial 

vi,deo and photography missions would result in fewer aircraft that must be handled by air traffic 

control during the ground, takeoff, departure, am val, and landing phases of flight operations~ 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the' DJI Ph8;ritoi11 3 UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reduCing the levels of' air and no'ise pollution generated 

during traditional aerial video and still photography flight oper~ttions. By using battery power and 

electric motors, the bJI Pharitoin 3 UAS produce no air pollution, and is the most viable 

environmentally conscious aiternative 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 ofleaded aviation fuel. The DJI Phantom 3 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' dombtistion engine.. ' . ' ' 

By using the I)JI Phantom 3 UAS to 'perforin' 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 ¢r completely eliminated. Aside from the lack of 

flight crew members located onboatd the aircraft, the ·nn Phantom 3 UAS (weighing 

approximately'2.8 pounds at their maximum gross weight with diagonal dimension of23.2 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 of34 feet, and a fuel capacity of 180 gallons). · 

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

Will Benefit The Economy. ·, · 

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

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

Phantom 3 UASwill allow United States based companies, like TheALTEKMEDIA GROUP, 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 DJlPhantom 3 UAS is 

one such technology that not only 'allows companies greater operatiortal flexibility compared to 

10 
manned aircraft, but provides such flexibility' without the high operational cost of a traditional 

manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as The ALTEK MEDIA GROUP, can 

remain competitive and profitable, and therefore, pt;ovide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

perforffian;ce ofU.S. companies, through commer~ial,use pft~e DJI Phantom3 UAS, provides a 

stable workforce that increases consumer spending; improvys focal, state, and federal tax :revenues; 

and allows companies to invest in research and development in order to rem~in competitive both 

in the United States and abroad~ · · · · · · 

4. There Are No Privacy Issues. . 

Similar to the manned aerial acquisitio~ flight operations>that have been conduCted for decades, 

VINSHADOW GROUP LLC's proposed opetationoftiieDJI Pha~tohl 3 UAS will not implicate 

any privacy issues. Sp~cificaliy, "the DJI Pharitoill J U As will be operated only in compliance with 

operating docurrients (i.e., VINSHADOW o'ROUP LLC Aerial Operations Manual, Monthly 

Maintenance Log, . and DJI ;J?hjintom _3 Instruction Manual) which requ_ires property owner 

involvement as well as local taw enforcement notl:qcatiop, and in accordance with the Federal 

Aviation Regulations, including the ininimuni altitude requirements of 14 C.F .R. § 91.119. . 

E. The Reasons Why Granting The Exemptio~ Woul,d Not Adversely Affect Safety, Or How 

The .Exemption Wo~ld Provide A Level Of Safety At ·Least Eqmtl To that Provided By The 

Rule From Which VINSHADOW GROUP-LL~ Seeks Exemption. . 

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization 

and Reform Act of 2012 (FMRA) Section 333. . . . . · · 

In consideration of the ~ize, weight~ speed, . and limit~d openitiO:g area ass<;) cia ted with the 

uninanned aircra'ft ~nd its operation, VINSBADOW, GROUP LLC's operation of the DJ~ Phantom 

3 UAS meet the conditions QfFMRA Section3:33, arid wilt'not r~qujre an airworthiness certificate 

in accordance with 14 C.P.R. Part 21, Subpart H. . . . . · . . 

Section 333 l?rovides authority for aU AS to· operate 'Yithovt airworthiness ~ertification and sets 

forth requirements for considering whether a UAS wiil create. a hazard to users of the NAS or the 

public, or otherwise pose a thre(!.t t.o national security: Specifically, FMRA Section 333 s'tates the 

following, in part: . _ , - , . . . . _. . . . 

(a) In ()eneral.--Notwithstanding any other requ~rement of this subtitle, and not later 

than 180 days after the date 'of enactment of this Act, the S~~·retmy. of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion a/the plan and rulemakingrequired 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 (he public orpose a threat to national 

secu,rity; 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). 

11 
(c) Requirements for Safe Operation. --If the Secretary determines under this section 

that certain unmanned aircraft system~ may operate safeiy in the national airspace 

system, the Secretary shall estal?lish requirements for the safe operation of such 

aircraft systems .in the national airspace system. .. · 

In seeking this exemption, VJNSHADOW GROUP LLC submits that the DJI Phantom 3 UAS can 

operate safely in the NAS ·purs.uant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the 

specific opera~ing limitations. · 

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate ItsSafe Characteristics. 

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

pose a threat to national security consi.dering its size, weight, speed, and operational capability. 

i. Technical Specifica,tions Of The I)JI Phantom 3 UAS. 

The technical spe~{fic.ations of the PJfi'hantorri 3 :UAS are set forth by the DJI Phantom 3 User 

Manual, attached hereto as Appendix A: , . . · . · .. ii. The DJI Phantom 3 UAS GlQbal Positioning Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The I?JI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A 

complete qescriptto:p. ofthe flight an~ navigationafmodes oft~e DJI Phantom 3 UAS is provided 

at pages 11 of the DJIPhantom 3 User Manual attached hereto as Appendix A. · 

iii. The DJI Phantom 3 UAS Are Design~d For Autom~tic Return To Home Point 

Or Hover In The Event Of Loss Of The Contr.ol Link Or Navigation. 

When the Control Link is lost~ the DJI Phantom 3 UAS will remain stationary, in flight, for 3 

seconds or more. If, after 3 seconds, the DJIPhantom 3 UAS does not reacquire control link data 

from the GCS, the UAS will assume that the.Control Link is lost and the will return to the home 

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

A complete description of the Fails~fe,Functions oft~e DJI Phantom 3 UAS are set forth at pages 

12 through 14 of the DJI Phantoin 3 User Mariual, attached hereto as Appendix A. 

. iv. The DJI Phantom 3 GCSAnd Its Opefation: . · ' . 

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

control software is provided at pages 23. thfough 29 of the DJI Phantom 3 User Manual. DJI 

Phantom 3 User Manual is attached h;ereto as Appendix A. . 

b. Flight Operations OfDJlPharitom'3 UAS Is Lirliited To The Line Of Sight Of A 

Certificated Pilot iri C~riuriand With A Safety Observer. ·· . · · 

VINSHADOW GROUP LLC video production staff will be the only persons to act as a pilot in 

command (PIC) of the D1I Phantom 3 UAS. Additionally, a safety observer will assist him at all 

times during flight time. . . 

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

Limitations. 

In seeking this exemption, VINSHADOW GRO\JP LLC proposes to commercially operate DJI 

Phantom 3 UAS fdr 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 desdi.bed in the operating documents, rotorcraft uAs weighing less than 55 

pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

grant. 

12 
2. U AS oper~tions under this exemptioil will be limited to conducting operations for the 

purpose ofaeriai video and photography. · ' · .· · · · 

3. The UAS may not be flown at an indicated airspeed eXceeding 20 knots. 

4. The U A must be operated at an altitude, of no more than 400 feet above ground level 

. (AGL), as indicated by the procedures, specified ih the operating documents un1ess a 

spe~ial request is made and approved by ATC. All altitudes reported to A TC must be in 

feet AGL. · · ' ' · · ' . · · 

5. The UAS must be operated witpinvisualline of sight (VLOS) ofthe PIC at all times. 

This requires the PIC to be able to ·use 'h~Hnari 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 personvi~w (FPV) by the PI Cor safety observer (SO) is not peimitted. 

7. All operations m;ust utilizea·saf~~y·observer (Sp): Th~ s·o maybe\isM to'satisfy the 

VLOS requirement as'long as the PIC always'maihtains VLOS 'capability~ The SO and 

PIC .must be ab}.e to communicate verbally .at ali' times'. Eledroriicmessaging or 'texting 

is not pertD:itted, during flight operations. The P1C must be designated before the flight 

and cannot transfer his or ,her designation for the duration ofthe'flight. The PIC must 

ensure that the"S.O c~n perforirdhe fu11ctio~s.prescribed in-the operating documents. 

8. The so' must not perfoim any other duties b'eyond assisting the PIC with seeing arid 

avoiding· other air traffie and other 'grmmd 1Jased, obstaCles/obstructions and is not 

permitted to operate the camera' 0~ oth~r instruments. ' . ,· ' ' ' ' . 

9. The operating documents and the grant of exemptio'n must be accessible during UAS 

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

between the conditions and limitations ~o'nta,ine,d in the grant of exemption and the 

procedur:es outlined in . the operating q()cvimints, tlie conditions and limitations 

.. contained in the grantofe.xemption take 'preced~nce anq must be followed. Otherwise; 

the operator must 'follqw the procedures as, outlined 'il1' its ,operating documents. The 

operator may update or revise its operating do~riments. It is the operator's responsibility ·' .• • .! ! "' ,' . ' . 

to track such revisions and present updated and revised documents to· the Administrator 

upon request. . The operator 1nust also pr~~ent updated and revised documents if it 

petitions for· extension or amend111ent to · the. grant· of ·.exemption. If the·· operator 

determines that any update or, re~lsion wouLd ~ffect .the b.asis upon which the FAA 

granted the exemption; then the operator ,must petition for amendment to its' grant of 

exemption. The.FAA's UAS.'Integratlon, Office'(AFS_-80) riuiybe co"niacted 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 

U AS, 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 mu~t"be included jn the preflight insp~ction. All.maintenan9e and alterations 

must be properly document~d in the aircraft records. · . · 

11. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or :flight characteristi~s, e.g, replacement o( a flight critica,l component, must 

undergo a funGtional test flight. The PIC who conducts the,.functional test flight must • . • • . • ' . <t < 

make an .entry in th~ aircra~ records. · 

13 
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 accord~nce with the operating documents. Mainteml.nce, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft r~cords, inclriding total time in ser\rice, 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 mak~ an entry in the aircraft record of the corrective 

action taken against discrepimcies discovered betweeninspections. 

17. The PIC must possess at least a private pilot certificate and at least a clirrent thirdclass medical certificate. · 

18. The operator may not perinit 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.P.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 ftbm nonparticipants in accordance with 14C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.P.R. § 1.1. 

All operations must be conducted under visual m'eteorologiCal 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 DA maf 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 NOT AM 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 ofunpredicted obstacles or emergencies 

in accordance with the operating documents . 

. ' 

14 
24: The PIC is prohibited from beghinirig~ flight uniess (considering ,~ind and forecast 

weather conditions) there is enough power to fly a~ normal cruising speed to the 

inte~ded landing point ,and land the UA with 25~ battery power remaining. 

25. The operator must :obtain an Air Traffic Organization (ATO) is~ued Certificate of 

Waiver or Autl}orization (COA) prior to conducting any operations under the grant of 

exemption. This CO-A- will 11~s() require *he oper~tor 'to r~quest aNotice to Airman 

(NOT AM) not m()re than 7'2,. hours In advance,"but not less than 48 hours prior to the 

operation. All operatibns shall be condticted in 'accordance with airspace requirements 

in the ATO issued COA inchiding 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 pave idtmtification (NNumber) markings in accordance with 14 C.P.R. part 45, SubpartC. Markings must be 

as large as practicable. · , · · ··. · . · . · ' 

27. Before conducting operations, the radio frequency spectruin used for operation and 

control of the ,UAmust comply with the.Federal Communicatiolis Commission (FCC) 

or other appropriate government oversight agency requirements. 

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

the PIC at th¢ Ground O;mtrol Station o(the.UAS any time the QAS is operating. These 

documents must be made availabh~ to the Achninistrator ()r 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 beopenitedby t}le PiC from any moving device-or vehicle. 

31. Flight operations must be. co,~ducied.,~t~east 5Q() feet from all nonparticipating 

persons (persons other than the PIC, SO, oper~tor trainees or essential persons), vessels, 

vehicles, and structure&.unle&s: · .. · · . ·. , · · 

a. Barriers or, structUres are present that' sufficiently protect nonparticipating 

.persons frotn the UA an~llor debris in. the e~ent of an accident. The operator must 

ensure that no:oparticipating persons remCJinunder such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must Gease immediately and/or; 

.b~ The aircraft is' operated near vessels, ~ehiGles' o~ 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 deterln1ned that it doe~ 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 tho&e persons per § 91.119( a). 

32. All operations shall be. conducted over priv~te or controlled-access property with 

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

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

to be consfucted, 

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 

15 
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 O(Section 61.113(a) And (b) Would 

Not Adversely Affect Safety. · .· · .· · 

VINSHADOW. GROUP LLC ·submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maint;:tined because no PIC will be allowed to operate the DJI Phantom 

3 UAS unless that PIC has deinonst;r~ted, by. md~ting' minimum flight-hour and currency 

requirements, that the PIC is able to 'safely operate the .dn Phantom 3 UAS in a maimer consistent 

with the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. . 

Considering VINSHADOW GROUP LLC's proposed area, of operations, and the operating 

limitations set fqrth-above; · the· parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11 062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, VINSHADOW GROUP 

LLC submits that the additional manned airmanship experience of a commercially certificated 

pilot would not correlate to the airmanship skills necessary for VINSHADOW GROUP LLC's 

specific proposed flight operations. 

The FAA ha; 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; 1'1067, 11080, 11109, 11110, 11112, 11136,11138, 11150, 

11153, 11156, 11158, 11159, 11160, 11161). . 

VINSHADOW GROUP LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements ot the DJI Phantom 3 

UAS training and currency requirements; thatthe PIC is able to safely operate the DJI Phantom 3 

UAS ina maimer consistent with this exemp#on, 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 o(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 curtency p1Jrposes). ' 

As in Exemption Nos .. 11062, j 1'138, and 1'1 153, prior documented flight experience that was 

obtained in corilpliance with 'applicable regulations will ensure an equivalentlevel of safety during 

VINSHADOW GROUP LLC's proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations would 

ensure safe operations, stating·as follows: 

·In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose 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 aU AS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

Prior to operations under Exemption No. n062, the PIC must also have accumulated and 

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

to be used for operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to: be inclusive rather than additive; i.e. 5 hours make and 

model time may be included in the 10 hours of multi-rotor time and the 10 hours may be 

included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, 

16 
the PIC must accomplish 3 takeoffs and l~dings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the fli!iht-hour requirefuents in Exemption 

No. 11062 are appropriate to_practice and build proficiency in the skills necessaryto saf~ly 

conduct the petitioner's proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compli;mce with applicable regulations would satisfy 

this requirement. Traini.ng, 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 flightsthe PIC is req~ired to operate the UA 

with appropriate distances in accordance with 14 C.F.R 91.119. · 

Exemption No. 11138 at page 15. · · · 

Accordingly, VINSHADOW GROUP 'LLC will ensure safe operations by not allowing any PIC 

to operate the DJI Phantom 3 UAS unless that PIChasdemonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 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 9l.:?;(a) will be maintained because prior to 

every flight, VINSHADOW GROUP LLC will ensure that. the DJI Phantom 3 VAS 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:'fiorh Section 91.7(a) specific to UAS, iri 

circumstances. similar, in all matenal· 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, 11160,1(161). <,' • ' • 

4. ~easons Why An Exemption From The R~qui~~lllents Of Section 91.121 Would Not 

Adversely Affect Safety. · · · . . . . ~ . 

The equivalent level of safety established py,'Se~tior· 91.12J will be maintained because the 

altitude information of the DJI ,Phantom 3 U AS • will be provided to the PIC via GPS equipment 

and a radio comriiunications telemetry data link, which downlinks from, theUA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

VINSHADOW GROUP LLC's operation ofthe DJI Phantom 3 UAS withinvisualline of sight, 

at or below 400 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. Prior to each flight, 

a zero altitude initiation point is automatically established by the l]AS 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, 1 H 12, 11136, 11138, 11150, 11153, 11156, 11157, 

11158,11159, 11160.,.11161). 

5. Reasons Why An Exemption From The Requirements OfSection 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 3 UAS; (2) the 

17 
limitations on the proposed flight operations; and (3) the location of the proposed flight operations. 

Accordingly, VINSHADOW GROUP LLC. will ensure that it will safely .operate the battery 

powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power 

to fly for a total duration of23 minutes. . ·· · 

Here, as in Exemption No.ll109,.the technical specifications of the DJIPhantom 3 UAS; the 

limitations on the proposed .flight operatiqns; and the location of the proposed operations, will 

ensure an equivalent level of s~fetYestab.Ush,ed by 14 C.F.R., Section 91.~51(b). Furthermore, 

safety will be ensured as the DJLPhanto;m 3 UAS proyiqe audible and visual warnings to the PIC 

at the GCS when the UAS experiences lo~ . 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 3 UAS will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA conce11;1i.ng 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, 

q136, 11138,11150,11153,.1.1156,11151,11158,11159, 11160;1116l). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely 

Affect Safety. . · · · · · · 

In seeking this exemption, VINSHADOW GROUP. LLC submits.tl;lqt the equivalent level of safety 

with regard to the regulatory maintenance and alteration requiren1ents 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 

VINSHADOW GROUP LLC will use trained technicians to perfo~ maintenance, alterations, or 

preventive maintenance on the U AS using the methods, techniques, and practices prescribed in the 

operating documents (i:e., VINSHADOW GROUP LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, VINSHADOW GROUP 

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

Since the DJI Phantom 3 UAS will be insp~cted as prescribed by the operating documents, 

VINSHADOW GROUP LLC will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached 

hereto as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached 

hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because The ALTEK MEDIA 

GROUP will use . trained technicians to perform maintenance, alterations or preventive 

maintenance on the U AS 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, 91.4l7(a) and·9L417(b), because all maintenance of theDJI Phantom 3 UAS 

will be performed by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. 

18 
Significantly, previous exemptions granted by the FAA. concyming Sections 91.405(a), 

91.407(a)(l), 91.409(a)(1) & (a)(2), alld 91.417(a) & (b) est~blish that safety. is not adversely 

affected wheri the technical chanicteristics and operating limitations oftheUAS are considered. 

In consideration ofVINSBADOW GROUP LLC's prpposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phahtoin 3 UAS VINSHADOW GROUP LLC 

submits that safetywill not be adversely affected by gra~ting ex.'emptioii from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and· (a)(2), 91.409(a)(2), arid 91Ai7(a} and (b). The FAA has previously 

granted relief specific to UAS in circumstances simifar, 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, n 161). 

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

In accordance with Section 333 of the FAA Modernization and Reform Act of2012 (FMRA) and 

14 C.F .R. § 21.16 entitled Special Conditions, VINSHADOW GROUP' LLC requests that the FAA 

prescribe special conditions for the intended operation Of the DJI Phantom 3 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 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 therequiterrients'for considering ~hether 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 l)AS to operate without airworthiness certification in accordance 

with any requirements that inustbe established for the safe operation of the UAS in the NAS. 

Likewise, . the Admi.pistrator may. , prescribe special . conditions pursuant to · 14 C.F .R. 

§ 21.16, for' operation of'the DJi Phantom 3l)AS, since the airworthiness regulations of 14 C.F.R: 

Part 21 do not contain adequate 'or appn;)pn,ate safety standards, due to the novel or unusual design 

features of the aircraft. Sectiol). 21.16, entitled Special Con.Qitioris, states the following: 

. If the FAA finds that the ain\rorthiri~ss regaJatiob.s of this subchapter do not contain 

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

because of a novel or un_usual design featUre o(the aircraft, aircraft engine or propeller, he 

prescribes . special .· con<;lit~ons and amendmeri.ts 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 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 Sections 61.113(a) & 

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

(b). 

• A :Su.mmary ;fha..t Can Be Published In J;'he Federal·l{egister, stating: The 

Rules From Whic~ VINSHADOW GROUP LLG Seeks E;x:emptio~: 

. . : . . . 

VINSHADOW GROUP 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). 

19 
A Brief Description Of The Nature Of The Exemption VINSHADOW GROUP LLC Seeks: 

This exemption will permit VINSHADOW GROUP LLC to commercially operate an 

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

photography over certain areas of the United States. 

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

VINSHADOW GROUP LLC's Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 

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

may operate safely in the NAS. As such, VINSHADOW GROUP LLC's request for exemption 

maybe granted pursuant to the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as set forth 

above. 

FMRA Section 333 sets forth the requireme:t,J,ts, for consid~ring whether aU AS will create a hazard 

to users of the NAS or the p{iblic, dr 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 VINSHADOW GROUP LLC will operate the DJI Phantom 3 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, VINSHADOW GRQUP LLC seeks an exemption pursuant to 14 C.P.R. § 

11.61 ~nd Section 333 of the FAA Modernization arid Reform Act of2012 (FMRA), which will 

permit safe operation of the DJI Phantom 3 UAS ·commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial video and photography over certain areas 

of the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing 

the interests of the public, by allowing VINSHADOW GROUP LLC to safely, efficiently, and 

economically operate the DJI Phantom 3 UAS cqmmercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of2012,.,Section 333, VINSHADOW GROUP LLC respectfully 

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

C.F.R Sections 61.113(a) & (b), 91.7(a), 91 .. 121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS 

commercially for the purpose of conducting aerial video and photography over certain areas of the 

United States, 

Dated: July 5 2015 · 

Respectfully submitted, 

David B Hogan 

President 

VinShadow Group LLC 

648 W Watersville Rd 

Mount Airy, Maryland 21771 

(301)-829-9357 

dbh@vinshadow .com. 

Appendices: 

A- Link to DJI Phantom 3 Manual: Click on link below, 

http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.2 en.pdf 

20