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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. FAA-2015-1766-0001

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BRIAN MORSON

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 BLADE 350QX AP AND DJ UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

ADDEDUM: 1 

Submitted on July 27, 2015 

BRIAN MORSON 

12135 Sand Pebble Way 

Orlando, FL 32824 

 
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS. ................................................................................. 4 

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRIAN MORSON 

SEEKS EXEMPTION ................................................................ .................5 

THE EXTENT OF RELIEF BRIAN MORSON SEEKS AND THE REASON 

BRIAN MORSON SEEKS THE RELIEF............... .............. ..................9 

THE REASONS WHY GRANTING BRIAN MORSON REQUEST WOULD

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .... 31 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT BRIAN MORSON REQUEST.... ......... 31 

CONCLUSION. .................................................................................................................. 34 
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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) 

Section 333 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 
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B. The Specific Sections of 14 C.F.R. From Which BRIAN MORSON Seeks 

Exemption.

1. BRIAN MORSON 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. 

(c) BRIAN MORSON 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. BRIAN MORSON Seeks Exemption From The Requirements of Section 

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating-- 

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

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

within 100 nautical miles of the aircraft; 
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(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. 

(b) BRIAN MORSON 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. BRIAN MORSON Seeks Exemption From The Requirement of Section 

91.405(a).

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

Each owner or operator of an aircraft— 

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

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

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

6. BRIAN MORSON Seeks Exemption from the Requirements of Section 

91.407(a) (1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a) (1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 

43.7 Of this chapter [.] 
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(b) BRIAN MORSON Seeks Exemption From The Requirements of 

Sections 91.409(a) (1) and 91.409(a) (2).

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

(b) BRIAN MORSON Seeks Exemption from the Requirements of 

Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

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

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

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

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include-- 

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 
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(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

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

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work 

is performed. 

(2) The records specified in paragraph (a) (2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 
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C.The Extent Of Relief BRIAN MORSON Seeks And The Reason BRIAN 

MORSON Seeks The Relief.

1. Extent Of Relief BRIAN MORSON Seeks And The Reason BRIAN

D. MORSON Seeks Relief from Section 61.113(a) and (b).

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

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

private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, BRIAN MORSON submits that an equivalent level 

of safety will be maintained because no PIC will be allowed to operate the DJI PHANTOM 

3, PROFESSIONAL UAS unless that PIC has met certain flight- hour and currency 

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

PHANTOM 3, PROFESSIONAL UAS in a manner consistent with the operations 

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

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

Further, BRIAN MORSON submits that all flights of the DJI PHANTOM 3, 

PROFESSIONAL UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 
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will be incidental to BRIAN MORSON business; and (2) will not carry passengers 

or property for compensation or hire. 

2. Extent Of Relief BRIAN MORSON Seeks And The Reason BRIAN 

MORSON 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 BRIAN MORSON to determine that the DJI PHANTOM 3, 

PROFESSIONAL UAS are in airworthy condition prior to every flight by ensuring that the 

UAS is in compliance with the operating documents (i.e., the BRIAN MORSON Aerial 

Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 3, PROFESSIONAL 

Instruction Manual). 

BRIAN MORSON seeks the requested relief because the DJI PHANTOM 3, 

PROFESSIONAL UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, BRIAN MORSON will ensure that the DJI 

PHANTOM 3, PROFESSIONAL UAS are in airworthy condition based upon its 

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

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

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

and limitations below 

3. Extent Of Relief BRIAN MORSON Seeks And The Reason BRIAN 

MORSON 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, PROFESSIONAL UAS, which utilize a 

barometric pressure sensor, GPS equipment, and a radio communications telemetry data 
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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), 

BRIAN MORSON seeks the requested relief because the DJI PHANTOM 3, 

PROFESSIONAL UA 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 UA 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 BRIAN MORSON Seeks And The Reason BRIAN 

MORSON 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 and DJ UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 

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

fly after that for at least 4.5 minutes. BRIAN MORSON seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery 
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powered DJI PHANTOM 3, PROFESSIONAL UA will severely constrain the practicality 

of any aerial video or still photo flight operations that BRIAN MORSON proposes to 

conduct pursuant to this Petition. Significantly, as set forth below, the technical 

specifications of the DJI PHANTOM 3, PROFESSIONAL UAS, operating documents, and 

BRIAN MORSON proposed operating limitations, ensure that BRIAN MORSON will 

safely operate the battery powered DJI PHANTOM 3, PROFESSIONAL UA during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

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

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

minutes. 

5. Extent Of Relief BRIAN MORSON Seeks And The Reason BRIAN 

MORSON 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, BRIAN MORSON requests relief 

from these Sections because the DJI PHANTOM 3, PROFESSIONAL UAS do not 

require airworthiness certificates. As set forth more fully below, the DJI PHANTOM 3, 

PROFESSIONAL UAS meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, BRIAN MORSON will use trained technicians 

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

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

BRIAN MORSON Aerial Operations Manual, Monthly Maintenance Log, and DJI 

PHANTOM 3, PROFESSIONAL Instruction Manual). Furthermore, BRIAN MORSON 

will document and maintain all maintenance records for the DJI PHANTOM 3, 

PROFESSIONAL UAS. 
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D. The Reasons Why Granting BRIAN MORSON 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 BRIAN 

MORSON too safely, efficiently, and economically perform aerial video and photography 

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

Additionally, use of the DJI PHANTOM 3, PROFESSIONAL UAS will decrease 

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

Notably, the benefits of BRIAN MORSON proposed operation of the DJI PHANTOM 3, 

PROFESSIONAL UAS will be realized without implicating any privacy issues. 

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

The DJI PHANTOM 3, PROFESSIONAL UA are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to 

obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI PHANTOM 3, PROFESSIONAL 

 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

DJI PHANTOM 3, PROFESSIONAL UA do not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography 
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missions would result in fewer aircraft that must be handled by air traffic control 

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

2. The Public Will Benefit From The Safety And Efficiency of the DJI 

PHANTOM 3, PROFESSIONAL UAS. 

Conducting aerial acquisitions with the DJI PHANTOM 3, PROFESSIONAL UAS, 

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

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

flight operations. By using battery power and electric motors, the DJI PHANTOM 3, 

PROFESSIONAL UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that 

are typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The DJI PHANTOM 3, PROFESSIONAL UA, 

while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UA are propelled by battery powered electric motors, rather than an internal combustion 

engine. By using the DJI PHANTOM 3, PROFESSIONAL UAS to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the DJI PHANTOM 3, PROFESSIONAL UA weighing approximately 

2.82 pounds respectively, at their maximum gross weights with BLADES widths of 23.22 

inches respectively, 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 
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wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons). 

3. Performing Aerial Video and Photography Operations With the DJI 

PHANTOM 3 PROFESSIONAL UAS Will Benefit the Economy.

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

UAS are also an economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI PHANTOM 3, PROFESSIONAL UAS will allow 

United States based companies, like BRIAN MORSON, to remain competitive and 

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel 

and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded 

aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered DJI PHANTOM 

3, PROFESSIONAL UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. 

By operating the DJI PHANTOM 3, PROFESSIONAL UAS, companies such as 

BRIAN MORSON, can remain competitive and profitable, and therefore, provide greater 

job stability to employees and contractors, which will ultimately contribute to growth of the 

U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the DJI PHANTOM 3, PROFESSIONAL UAS, provides a stable workforce that 

increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 
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4. There Are No Privacy Issues.

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

decades, BRIAN MORSON proposed operation of the DJI PHANTOM 3, 

PROFESSIONAL UAS will not implicate any privacy issues. Specifically, the DJI 

PHANTOM 3, PROFESSIONAL UAS will be operated only in compliance with 

operating documents (i.e., the BRIAN MORSON Aerial Operations Manual, Monthly 

Maintenance Log, and DJI PHANTOM 3, PROFESSIONAL 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 To That 

Provided By The Rule From Which BRIAN MORSON Seeks Exemption.

1. Reasons Why the DJI PHANTOM 3, PROFESSIONAL UA 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, BRIAN MORSON operation of the DJI 

PHANTOM 3, PROFESSIONAL UAS meet the conditions of FMRA Section 333, and 

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

H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 
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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, BRIAN MORSON submits that the DJI 

PHANTOM 3, PROFESSIONAL and UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: 

 (a) The characteristics of the DJI PHANTOM 3, PROFESSIONAL 

UAS; 

(b) The pilot certification requirement; and (c) the specific operating 

limitations. 
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 a. The specifications of The DJI PHANTOM 3, 

PROFESSIONAL, UAS Demonstrate Its Safe Characteristics.

The DJI PHANTOM 3, PROFESSIONAL UAS 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 

UAS.

The technical specifications of the DJI PHANTOM 3, PROFESSIONAL 

UAS are set forth by the DJI PHANTOM 3, PROFESSIONAL Specifications and 

Data Sheet, previously attached hereto as Exhibit A and B. 

ii. The DJI PHANTOM 3, PROFESSIONAL and DJ UASs 

Autonomous Flight and Navigation Modes Enable the UASs to 

Remain Within A

Defined Operational Area.

The DJI PHANTOM 3, PROFESSIONAL UAS 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 UAS is 

provided at page 25 of the DJI PHANTOM 3, PROFESSIONAL User Manuals, 

as submitted previously Exhibit C and D. 

iii. The DJI PHANTOM 3, PROFESSIONAL UAS is 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 

UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the 

DJI PHANTOM 3, PROFESSIONAL and DJ UAs do not reacquire control link 
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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 UAS are set forth at pages 13 through 14 at pages users’ manual 

as previously provided. Description of the operation and specifications of the DJI 

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

pages 34 through 38 of the DJI PHANTOM 3 User manual. 

Manual. DJI PHANTOM 3, PROFESSIONAL User Manuals as previously 

attached hereto as Exhibits C and D. 

b. Flight Operations of DJI PHANTOM 3, PROFESSIONAL UAS Are 

Limited to the Line Of Sight of a Certificated Pilot in Command With

A Safety Observer.

BRIAN MORSON will only utilize certificated pilots who possess a current 

and valid airman medical certificate to act as a pilot in command (PIC) of the DJI 

PHANTOM 3, PROFESSIONAL and DJ UASs. Additionally, a safety observer will 

assist all pilots during flight time. 

c. Flights Of DJI PHANTOM 3, PROFESSIONAL UAS Will Be 

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, BRIAN MORSON proposes to commercially 

operate DJI PHANTOM 3, PROFESSIONAL UAS 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. 
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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 20 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operating documents unless a special request is made and approved by ATC. 

All altitudes reported to ATC must be in feet AGL. 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at 

all times. This requires the PIC to be able to use human vision unaided by 

any device other than corrective lenses, as specified on the PIC’s FAAissued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted. 

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

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

SO and PIC must be able to communicate verbally at all times. Electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the SO can perform the functions 

prescribed in the operating documents. 

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

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 

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

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

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

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

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

that any update or revision would affect the basis upon which the FAA granted 

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

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents. 
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10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

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

operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

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

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

relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the 

UAS to service. 

15. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

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

third- class medical certificate. 

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

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

§ 61.51(b). 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 
Page 22 of 35

considered nonparticipants, and the PIC must operate the UA with appropriate 

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

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

19.1. All operations must be conducted under visual meteorological 

conditions (VMC). If flight at night is required, a special request will be made at 

the FAA office closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized. 

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

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

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

conducted in accordance with a NOTAM as required by the operator’s COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request. 

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

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

PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents. 

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

emergencies in accordance with the operating documents. 

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

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

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

remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice 

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements. 

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

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

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

Subpart C. Markings must be as large as practicable. 

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

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements. 
Page 23 of 35

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

available to the PIC at the Ground Control Station of the UAS any time the 

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 

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

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

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

vertical boundaries of the operational area as defined by the applicable COA 

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

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 
Page 24 of 35

2. Reasons Why an Exemption from the Requirements of Section 61.113(a) 

and (b) Would Not Adversely Affect Safety.

BRIAN MORSON submits that the equivalent level of safety established by Section 

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

PHANTOM 3, PROFESSIONAL UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

DJI PHANTOM 3, PROFESSIONAL UAS in a manner consistent with the exemption, 

Including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. 

Considering BRIAN MORSON proposed area of operations, and the operating 

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

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

the airmanship skills necessary to safely operate the DJI PHANTOM 3, PROFESSIONAL 

UAS, BRIAN MORSON submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

BRIAN MORSON 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). 
Page 25 of 35

BRIAN MORSON will not allow any PIC to operate the DJI PHANTOM 3, 

PROFESSIONAL UAS unless that PIC has demonstrated, by meeting minimum flighthour requirements or the DJI PHANTOM 3, PROFESSIONAL UAS training and 

currency requirements, that the PIC is able to safely operate the DJI PHANTOM 3, 

PROFESSIONAL UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

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

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

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure 

an equivalent level of safety during BRIAN MORSON 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 video and photography (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 
Page 26 of 35

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 hour requirements to be 

inclusive rather than additive; i.e. 5 hours make and model time may be 

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

included in the total 25 hours of UAS rotorcraft time. In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary to safely 

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

documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate 

the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, BRIAN MORSON will ensure safe operations by not allowing 

any PIC to operate the DJI PHANTOM 3, PROFESSIONAL UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency 

requirements that the PIC is able to safely operate the DJI PHANTOM 3, 

PROFESSIONAL UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

3. Reasons Why an Exemption from the Requirements of Section 91.7(a) 

Would Not Adversely Affect Safety.

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

because prior to every flight, BRIAN MORSON will ensure that the DJI PHANTOM 3, 

PROFESSIONAL UAS is in an airworthy condition based upon the UAS’s compliance 
Page 27 of 35

with its operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161) 

4. Reasons Why an exemption from the Requirements of Section 91.121 would 

not adversely affect Safety. 

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

because the altitude information of the DJI PHANTOM 3, PROFESSIONAL UA 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 BRIAN MORSON operation of the DJI 

PHANTOM 3, PROFESSIONAL UAs within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information 

will be generated by GPS equipment installed onboard the aircraft. Prior to each 

flight, a zero altitude initiation point is automatically established by the UASs at ground 

level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 
Page 28 of 35

5. Reasons Why an Exemption from the Requirements of Section 91.151(b) 

Would Not Adversely Affect Safety.

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

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

PHANTOM 3, PROFESSIONAL UAS; (2) the limitations on the proposed flight 

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

MORSON will ensure that it will safely operate the battery powered DJI PHANTOM 3, 

PROFESSIONAL UA during daylight hours in VFR conditions, with enough 

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

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

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

PHANTOM 3, PROFESSIONAL UAS; the limitations on the proposed flight operations; 

and the location of the proposed operations, will ensure an equivalent level of safety 

established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI 

PHANTOM 3, PROFESSIONAL UAS provide audible and visual warnings to the PIC at 

the GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% 

remaining battery power. At the critically low battery level, the DJI Phantom Vision+ and 

DJ 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 
Page 29 of 35

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, BRIAN MORSON 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 BRIAN MORSON will use trained technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., the BRIAN MORSON Aerial 

Operations Manual, Monthly Maintenance Log, and DJI PHANTOM 3, 

PROFESSIONAL Instruction Manual). Furthermore, BRIAN MORSON will document 

and maintain all maintenance records for the DJI PHANTOM 3, PROFESSIONAL UAS. 

Since the DJI PHANTOM 3, PROFESSIONAL UAS will be inspected as 

prescribed by the operating documents, BRIAN MORSON will maintain the equivalent 
Page 30 of 35

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

copy of 

the DJI PHANTOM 3, PROFESSIONAL User Manuals are attached hereto as 

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

LOG is as previously attached hereto as Exhibit E. 

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

MORSON will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI PHANTOM 3, PROFESSIONAL UASswill be performed by trained technicians. 

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

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

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

UAS are considered. 

In consideration of BRIAN MORSON proposed operating limitations, the 

operating documents, and the technical aspects of the DJI PHANTOM 3, 

PROFESSIONAL UAS, BRIAN MORSON submits that safety will not be adversely 

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific 
Page 31 of 35

 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). 

F. A Summary That Can Be Published in the Federal Register, stating: The Rules 

from Which BRIAN MORSON Seeks Exemption:

BRIAN MORSON 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 BRIAN MORSON

Seeks:

This exemption will permit BRIAN MORSON to commercially operate an 

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

photography over certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available To Support BRIAN 

MORSON 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, BRIAN MORSON request for exemption 

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as 

set forth above. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security; and further, provides the authority for such UAS to operate without 

airworthiness certification. 

As discussed in detail above, BRIAN MORSON will operate the DJI PHANTOM 

3, PROFESSIONAL and DJ UASs safely in the NAS, without creating a hazard to users of 

the NAS, or the public, or otherwise pose a threat to national security. 
Page 32 of 35

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, BRIAN MORSON requests 

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

PHANTOM 3, PROFESSIONAL UAS, which contain such safety standards that 

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 the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

§ 21.16, for operation of the DJI PHANTOM 3, PROFESSIONAL and DJ UASs, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety 

standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled 

Special Conditions, states the following: 

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

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

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

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

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the 

regulations. 
Page 33 of 35

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 BLADE 

350 QX AP and DJ 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). 
Page 34 of 35

CONCLUSION

As set forth herein, BRIAN MORSON seeks an exemption pursuant to 14 

§ 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 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 of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by 

allowing BRIAN MORSON to safely, efficiently, and economically operate the DJI 

PHANTOM 3, PROFESSIONAL and DJ UASs commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, BRIAN MORSON 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, PROFESSIONAL UAS commercially for the purpose of conducting aerial 

video and photography over certain areas of the United States. 

Dated: July 27, 2015 

Respectfully submitted, 

BRIAN MORSON 
Page 35 of 35

BRIAN MORSON 

12135 Sand Pebble 

Way Orlando 

Florida Tel: (407) 

432-5364 

Appendices: 

A - Monthly Maintenance Log 

 
Page 36 of 35

APENDIX - A 

Maintenance Log 

UAS$#:$ Date(Issue( 

Discovered

Date(Issue( 

Addressed Issue(Description(&(Maintenance(Conducted

Maintenance (Performed (By 

:(((

Print(&(Sign

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other: