1

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. ______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

STATIC ELECTRIC

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 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 July 13, 2015

STATIC ELECTRIC

551 Trust drive

Bayfield, CO 81122

505-320-3592
2

TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS 3

SUMMARY 4

INTRODUCTION AND INTERESTS OF PETITIONER 4

BACKGROUND 4

BASIS FOR PETITION 5

NAME AND ADDRESS OF PETITIONER 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH STATIC ELECTRIC

SEEKS EXEMPTION 7

THE EXTENT OF RELIEF STATIC ELECTRIC SEEKSAND THE REASON STATIC 

ELECTRIC SEEKS THERELIEF 10

THE REASONS WHY GRANTING STATIC ELECTRIC’S REQUEST WOULD BE IN 

THE PUBLIC INTEREST 13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY 15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT STATIC ELECTRIC REQUEST 27

CONCLUSION 28

APPENDICES 28
3

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
4

SUMMARY

STATIC ELECTRIC 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 ofthe 

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

STATIC ELECTRIC to operate an Unmanned AircraftSystem (UAS) for the commercial 

purpose of conducting aerial video and photographyof construction sites, real estate, 

landscaping and farming areas, and utility line inspection and construction support in 

certain areas of the UnitedStates.

INTRODUCTION AND INTERESTS OF THE PETITIONER

STATIC ELECTRIC provides their clients with expertise and knowledge in electrical

construction projects. The objective of STATIC ELECTRIC is toincorporate the use of 

(UAS) to support electrical contractors, clients as well as the utility, farming, search and 

rescue and real estate industry with aerial videos and photography to increase productivity

as well as improving safety and supporting timely assistance in the repairs of interrupted

power sources. The owner, Scott Erickson, is a licensed electrical contractor with 37 years 

electrical utility experience. STATIC ELECTRIC will provide high quality aerial imaging 

for a variety of commercial, public, and residential usage, targeting:

• Construction both commercial and private sites before and after

• Real-estate marketing

• Electric Utilities

• Landscaping and Farming

• Search and Rescue operations

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

STATIC ELECTRIC seeks an exemption to operate DJIsystems 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 hasa gross 

weight less than 10 pounds, a diagonal length of 23 inches, and a maximum speed of 

approximately 36 knots. The DJI Phantom 3 Professional UAs are equipped with four 

main rotors; driven by Lithium Polymer battery powered electric motors.
5

The DJI Phantom 3 Professional that will be operated by STATIC ELECTRIC 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 markedin accordance with 14 C.F.R. Part 45, 

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, STATIC ELECTRIC , 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 Phantom 3

Professional 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, STATIC ELECTRIC operation of DJI

Phantom 3 Professional and 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, STATIC ELECTRIC requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), asthese sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate.

STATIC ELECTRIC submits that the requested relief is proper since an equivalent level 

of safety will be ensured. STATIC ELECTRIC 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, STATIC ELECTRIC 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 STATIC ELECTRIC to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medicalcertificate, and who has demonstrated, by

meeting minimum flight- hour and currencyrequirements, that the PIC is able to safely 

operate the DJI Phantom 3 Professional UASs in a
6

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

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

STATIC ELECTRIC 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, STATIC ELECTRIC 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.

STATIC ELECTRIC also seeks an exemption from therequirements 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 

Professional UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetrydata link, which downlinks from the UA 

to the GCS for active monitoring of the flight path.

This altitude information, combined with STATIC ELECTRIC’s operation of the DJI

Phantom 3 Professional UASs within visual line ofsight, at or below 400 feet AGL, will 

ensure a level of safety equivalent to Section 91.121.

Additionally, STATIC ELECTRIC seeks an exemptionfrom the requirements of Section 

91.151(b), entitled Fuel requirements for flight inVFR conditions. STATIC ELECTRIC

submits that safety willnotbe affected by operation of the DJI Phantom 3 Professional

UAs duringdaylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 

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

after that for atleast

4.5 minutes.

In accordance with 14 C.F.R. § 11.81, STATIC ELECTRIC provides the 

following information in support of its petition for exemption:

A. Name and Address of STATIC ELECTRIC Owners/Operator

SCOTT E ERICKSON

551 Trust Drive

Bayfield, CO 81122

505-330-3592

deuce.03@hotmail.com
7

B. The Specific Sections Of 14 C.F.R. From Which STATIC ELECTRIC

Seeks

Exemption.

1. STATIC ELECTRIC 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.

2. STATIC ELECTRIC Seeks Exemption From The 

Requirements Of

Section 91.7(a).

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

states the following:

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

condition.

3. STATIC ELECTRIC Seeks Exemption From The Requirements Of

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), statesthe 

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 alongthe 

route and within 100 nautical miles of the aircraft;
8

(ii) If there is no station within the area prescribed in paragraph 

(a)(1)(i) of this section, the current reported altimeter setting of 

an appropriate available station; or

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

elevation of the departure airport or an appropriate altimeter 

setting available before departure.

4. STATIC ELECTRIC Seeks Exemption From The Requirements Of 

Section 91.151(b).

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

subsection (b), states the following:

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

unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 20 minutes.

5. STATIC ELECTRIC Seeks Exemption From The Requirement Of 

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), statesthe 

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.

6. STATIC ELECTRIC 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), 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. STATIC ELECTRIC 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:
9

(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 aperson 

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. STATIC ELECTRIC 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 forthe 

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.
10

(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) ofthis 

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 forthe 

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 orfor 

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.

C. The Extent Of Relief STATIC ELECTRIC Seeks And The Reason 

STATIC ELECTRIC Seeks The Relief.

1. Extent Of Relief STATIC ELECTRIC Seeks And The Reason

STATIC ELECTRIC 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 medicalcertificate,
11

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) statethat 

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, STATIC ELECTRIC 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 PIChas met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the DJI

Phantom 3 Professional UAS in a manner consistent with the operations specifications 

as described in this exemption, including evasive and emergency maneuvers, as well as 

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

Further, STATIC ELECTRIC submits that all flights of the DJI Phantom 3 

Professional UASs, conducted by the PIC pursuant to thegrant of this Petition: (1) will 

be incidental to STATIC ELECTRIC’s business; and (2) will not carry passengers or

property forcompensation or hire.

2. Extent Of Relief STATIC ELECTRIC Seeks And The Reason

STATIC ELECTRIC 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 STATIC ELECTRIC to determine that the DJI Phantom 3 Professional

UASs are in airworthy condition prior to every flightby ensuring that the UAS is in 

compliance with the operating documents (i.e., the STATIC ELECTRIC Aerial Operations

Manual, MonthlyMaintenance Log, and DJI Phantom 3 Professional InstructionManual).

STATIC ELECTRIC seeks the requested relief because the DJI Phantom 3 Professional

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Therefore, STATIC ELECTRIC 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

InstructionManual) prior to every flight, and further, determine that the aircraft are in 

condition for safeflight, as stated in the conditions and limitations below.
12

3. Extent Of Relief STATIC ELECTRIC Seeks And The Reason 

STATIC ELECTRIC Seeks Relief From Section 91.121.

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

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), STATIC ELECTRIC seeks the

requested relief because the DJI Phantom 3 Professional 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.

4. Extent Of Relief STATIC ELECTRIC Seeks And The Reason

STATIC ELECTRIC 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 ofintended 

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

STATIC ELECTRIC seeks the requested relief becausewithout an exemption from 

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

Professional UAs will severely constrain the practicalityof any aerial video or still photo 

flight operations that STATIC ELECTRIC proposes to conduct pursuant to this Petition.

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

Professional UASs, the DJI Phantom 3 Professional operating documents, and STATIC 

ELECTRIC ’s proposed operating limitations, ensure that STATIC ELECTRIC will safely 

operate the
13

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 4.5minutes.

5. Extent Of Relief STATIC ELECTRIC Seeks And The Reason

STATIC ELECTRIC 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, STATIC ELECTRIC requests relief 

from these Sections because the DJI Phantom 3 Professional UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional

UASs meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, STATIC ELECTRIC 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 STATIC 

ELECTRIC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional Instruction Manual). Furthermore, STATIC ELECTRIC will document and

maintain allmaintenance records for the DJI Phantom 3 Professional UASs.

D. The Reasons Why Granting STATIC ELECTRIC 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 STATIC 

ELECTRIC too safely, efficiently, and economically perform aerial video and 

photography for contractors, clients as well as the utility, farming, search and rescue 

and real estate industry over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UASs will decrease congestionof the 

NAS and provide significant benefits to the economy. Notably, the benefits of STATIC 

ELECTRIC’s proposed operation of the DJI Phantom 3 Professional UASs will be 

realized without implicating anyprivacy issues.

1. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 Professional UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional UASs are also an 

economical alternative to using manned aircraft to conduct similar aerial operations.As 

such, operation of the DJI Phantom 3 Professional UASs will allow United States based 

companies, like STATIC ELECTRIC to remain
14

competitive and contribute to growth of the U.S. economy. U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. 

2. There Are No Privacy Issues.

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

decades, STATIC ELECTRIC proposed operation of theDJI Phantom 3 Professional UASs 

will not implicate any privacy issues.Specifically, the DJI Phantom 3 Professional UASs 

will be operated only in compliance withoperating documents (i.e., the STATIC 

ELECTRIC AerialOperations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional 1 Instruction Manual) which requires property owner involvement as well as 

local law enforcement notification, and in accordance with the Federal Aviation

Regulations, including the minimum altitude requirements of 14 C.F.R. §

91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal ToThat 

Provided By The Rule From Which STATIC ELECTRIC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAs Meet The 

Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333.

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

unmanned aircraft and its operation, STATIC ELECTRIC operation of the DJI Phantom 3 

Professional UASs meet the conditions of FMRA
15

Section 333, and will not require an airworthiness certificate in accordance with 14C.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, STATIC ELECTRIC submits thatthe DJI Phantom 3 

Professional UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UASs; (b) the 

pilot certification requirement; and (c) the specificoperating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UASs 

Demonstrate Its Safe Characteristics.
16

The 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 The DJI Phantom 3 Professional

UASs.

The technical specifications of the DJI Phantom 3 Professional are set forth by the DJI 

Phantom 3 Professional 1 User Manual, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UASs Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A 

Defined Operational Area.

The 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 

the DJI Phantom 3 Professional UASs is provided in the DJI Phantom Professional User 

Manual, attached hereto as Appendix A.

iii. The 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, the DJI Phantom 3 Professional UAs will remainstationary, 

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 of the DJI Phantom 3 Professional

UASs is provided in the DJI Phantom Professional User Manuals, attached hereto as 

Appendix A.

iv. The 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 in the DJI Phantom

Professional User Manuals, attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UASs Are Limited 

To The Line Of Sight Of A Certificated Pilot in CommandWith A 

Safety Observer.

STATIC ELECTRIC operators operating under this exemption will be the only operators to 

act as a pilot in command (PIC) of the DJI Phantom 3 Professional UASs. Additionally, a 

safety observer will assist him during flighttime.
17

c. Flights Of DJI Phantom 3 Professional UASs Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, STATIC ELECTRIC proposes to commercially operate 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 35 knots.

4. The UA must be operated at an altitude of no more than 400 feet above 

ground level (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. 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.

7. 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 operations and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations contained in the
18

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 petitionsfor 

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 affectsthe 

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 limitrequirements.

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.
20

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

corrective action taken against discrepancies discovered between inspections.

17. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safelyoperate 

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 14C.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.

18. 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 visualflight 

rules (SVFR) are not authorized.

19. The UA may not operate within 5 nautical miles of an airport referencepoint 

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.

20. 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 statutemiles 

from the PIC.

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

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

recovered in accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

forecast weather conditions) there is enough power to fly at normal cruising
21

speed to the intended landing point and land the UA with 25% battery power 

remaining.

24. All aircraft operated in accordance with the exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

25. 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.

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

operations and activities at all times.

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

vehicle.

28. 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).

29. 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.
22

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

vertical boundaries of the operational area as defined by the applicableCOA

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation SafetyBoard 

(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.

STATIC ELECTRIC submits that the equivalent level ofsafety established by Section 

61.113(a) and (b) will be maintained because no PIC willbe allowed to operate the DJI 

Phantom 3 Professional UASs unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PICis 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 STATIC ELECTRIC’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of privatepilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

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

STATIC ELECTRIC submits that the additional manned airmanship experience of a 

commerciallycertificated pilot would not correlate to the airmanship skills necessary for 

STATIC ELECTRIC’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).

STATIC ELECTRIC will not allow any PIC to operate theDJI Phantom 3 Professional

UAS unless that PIC has demonstrated, by meetingminimum 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).
23

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 STATIC ELECTRIC’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 asfollows:

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 FAA considers these minimum hourrequirements 

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 requirementsin 

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 distancesin 

accordance with 14 C.F.R 91.119.

Accordingly, STATIC ELECTRIC 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 emergencymaneuvers 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 maintainedbecause 

prior to every flight, STATIC ELECTRIC will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition based upon theUAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein.
24

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 maintainedbecause 

the altitude information of the 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 STATIC ELECTRIC’s operation of the DJI 

Phantom 3 Professional UAs within visual line 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 theaircraft. Prior to each flight, a zero 

altitude initiation point is automatically established bythe 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 by14

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

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

location of the proposed flight operations. Accordingly, STATIC ELECTRIC 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 4.5minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Professional UASs; the limitations on the proposed flight operations; and the location ofthe 

proposed operations, will ensure an equivalent level of safety established by 14C.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. Atthe
25

critically low battery level, the DJI Phantom Vision+ 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, STATIC ELECTRIC submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by

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

because STATIC ELECTRIC will use trained technicians to perform maintenance, 

alterations, or preventivemaintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the STATIC ELECTRIC Aerial

OperationsManual, Monthly Maintenance Log, and DJI Phantom 3 Professionaland DJI

Inspire 1 InstructionManual). Furthermore, STATIC ELECTRIC will documentand 

maintain all maintenance records for the DJI Phantom 3 ProfessionalUASs.

Since the DJI Phantom 3 Professional UASs will be inspected as prescribed by the 

operating documents, STATIC ELECTRIC will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 1.409(a)(2). A copy of the DJI

Phantom 3 Professional User Manuals are attached hereto as Appendix A.

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

ELECTRIC will use trained techniciansto perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operatingdocuments.

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 ofthe 

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 Sections91.405(a),
26

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 theUAS 

are considered.

In consideration of STATIC ELECTRIC’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 Professional UASs, STATIC 

ELECTRIC submits that safety will not be adversely affected by granting exemption from 

14C.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, STATIC ELECTRIC

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 ofsafety equivalent to that established 

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe 

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 NASor 

the public, or otherwise pose a threat to national security; and further, providesthe 

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 14C.F.R.

§ 21.16, for operation of the 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.
27

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 asthe 

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 STATIC ELECTRIC’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).

• A Summary That Can Be Published In The Federal Register, 

stating: The Rules From Which STATIC ELECTRIC Seeks Exemption:

STATIC ELECTRIC 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 STATIC ELECTRIC

AERIAL PHOTOGRAPHY LLC Seeks:

This exemption will permit STATIC ELECTRIC 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 STATIC ELECTRIC’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, STATIC ELECTRIC’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.
28

As discussed in detail above, STATIC ELECTRIC willoperate the 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 nationalsecurity.

CONCLUSION

As set forth herein, STATIC ELECTRIC seeks anexemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the DJI Phantom 3 Professional UASs 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 of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing STATIC 

ELECTRIC to safely, efficiently, and economically operate the DJI Phantom 3 Professional

UASs commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, STATIC ELECTRIC respectfully 

requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.l 13(a) & (b), 91.7(a), 91.121, 91.15l (b), 

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

and permit STATIC ELECTRIC to operate the DJI Phantom 3 Professional UASs 

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

areas of the United States.

Dated: July 15, 2015

Respectfully submitted,

Scott E Erickson

Static Electric Owner/Operator

551 Trust Drive

Bayfield, CO 81122

505-320-3592

Attachments:

Completed application for exemption

Link to DJI Professional Users Manual

DJI Phantom 3 Professional Specifications

Signature page