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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CX5 VIDEO & PHOTOGRAPHY

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 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on November 27, 2015

CX5 VIDEO AND PHOTOGRAPHY

Michael Chavez [owner/operator]

635 Bel-aire dr.

Dinuba CA 93618

Cell [559]859-9369

TABLE OF CONTENTS

Page

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

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

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

BASIS FOR PETITION.........................................................................................................4

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CX5 VIDEO AND

PHOTOGRAPHY SEEKS EXEMPTION.....................................................................6

THE EXTENT OF RELIEF CX5 VIDEO AND PHOTOGRAPHY SEEKS AND THE

REASON CX5 VIDEO AND PHOTOGRAPHY SEEKS THE RELIEF.........9

THE REASONS WHY GRANTING CX5 VIDEO AND PHOTOGRAPHY REQUEST

WOULD BE IN THE PUBLIC INTEREST.............................. 11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT CINEMA CAPTURE VIDEOGRAPHY’S REQUEST.........................23

CONCLUSION....................................................................................................................23

APPENDICES.........................................................................................24

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
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GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

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

SUMMARY

CX5 VIDEO AND PHOTOGRAPHY seeks exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of

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

operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial

video and photography for of construction sites, real estate, landscape, and special events over

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

CX5 VIDEO AND PHOTOGRAPHY, provides its clients with expertise and knowledge in

the fields of photography and videography. CX5 VIDEO AND PHOTOGRAPHY, has been in

business for 1 year and has worked with many clients on special events and weddings. CX5 VIDEO

AND PHOTOGRAPHY, is experienced in all aspects of videography and photography. The

objective of CX5 VIDEO AND PHOTOGRAPHY’s aerial video and photography operations is to

provide low cost, high quality imaging for a variety of commercial and residential customers. As well

as to provide search and rescue services as required with local emergency management and to

increase the public’s knowledge of UAS and promote safe UAS operations.
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3

CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption to operate DJI systems for

compensation or hire within the NAS. The DJI Phantom 3 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 has a maximum gross weight of

approximately 1280 gram, while having a length of 16 inches width of 16 inches, height of 8

inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 UA is equipped

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

The DJI Phantom 3 UA that will be operated by CX5 VIDEO AND PHOTOGRAPHY,

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, CX5 VIDEO AND PHOTOGRAPHY, 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 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, CX5 VIDEO AND PHOTOGRAPHY, will meet 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, CX5 VIDEO AND PHOTOGRAPHY, requests relief from Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that only apply to aircraft with an airworthiness certificate.

CX5 VIDEO AND PHOTOGRAPHY, submits that the requested relief is proper since an

equivalent level of safety will be ensured. Petitioner will use his experience to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques,

and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

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

privileges and limitations: Pilot in command, is requested by CX5 VIDEO AND

PHOTOGRAPHY, to the extent necessary to allow a Pilot in Command (PIC) by meeting

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

Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency

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

CX5 VIDEO AND PHOTOGRAPHY, seeks relief from Section 91.7(a), entitled Civil

aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, CX5 VIDEO AND

PHOTOGRAPHY, will ensure that the UAS is in an airworthy condition, prior to every flight,
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by determining that the UAS are in compliance with the operating documents (i.e., Monthly

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

for safe flight.

CX5 VIDEO AND PHOTOGRAPHY, also seeks an exemption from the requirements of

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA will not have a typical

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA will be

provided to the PIC via Global Positioning System (GPS) equipment and radio communications

telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight

path. This altitude information, combined with my operation of the DJI Phantom 3 UAS within

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. CX5

VIDEO AND PHOTOGRAPHY, submits that safety will not be affected by operation of the DJI

Phantom 3 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 approximately 15

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

that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, CX5 VIDEO AND PHOTOGRAPHY, provides

the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner:

CX5 VIDEO AND PHOTOGRAPHY

Michael Chavez [owner/operator]

635 Bel-aire dr

Dinuba CA 93618

Cell: [559]859-9369

Email: AmazingWeddingMovies@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which CX5 VIDEO AND PHOTOGRAPHY,

Seeks Exemption.

1. CX5 VIDEO AND PHOTOGRAPHY, 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.
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(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. CX5 VIDEO AND PHOTOGRAPHY, 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. CX5 VIDEO AND PHOTOGRAPHY, Seeks Exemption From The Requirements

Of Section 91.121.

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

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

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

operating--

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

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

100 nautical miles of the aircraft;

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

section, the current reported altimeter setting of an appropriate available

station; or

(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. CX5 VIDEO AND PHOTOGRAPHY, 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. CX5 VIDEO AND PHOTOGRAPHY, 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[.]
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6. CX5 VIDEO AND PHOTOGRAPHY, 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.

7. CX5 VIDEO AND PHOTOGRAPHY, Seeks Exemption From The Requirements

Of Sections 91.409(a)(1) And 91.409(a)(2).

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

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

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

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

approved for return to service by a person authorized by § 43.7 of this chapter; or

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

part 21 of this chapter.

8. CX5 VIDEO AND PHOTOGRAPHY, Seeks Exemption From The Requirements

Of Sections 91.417(a) And 91.417(b).

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

following:

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

owner or operator shall keep the following records for the periods specified in

paragraph (b) of this section:

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

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

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

propeller, rotor, and appliance of an aircraft. The records must include--

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

performed; and

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

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

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

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

rotor, and appliance.
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(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.

C. The Extent Of Relief CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason CX5

VIDEO AND PHOTOGRAPHY, Seeks The Relief.

1. Extent Of Relief CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason

CX5 VIDEO AND PHOTOGRAPHY, 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, CX5 VIDEO AND PHOTOGRAPHY, submits that an

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

Phantom 3 UA except for the petitioner.

Further, CX5 VIDEO AND PHOTOGRAPHY, submits that all flights of the DJI

Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to petitioner and (2) will not carry passengers or property for compensation or hire.
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2. Extent Of Relief CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason

CX5 VIDEO AND PHOTOGRAPHY, 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 CX5 VIDEO AND PHOTOGRAPHY, to determine that the DJI Phantom 3

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance

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

Phantom 3 Instruction Manual).

CX5 VIDEO AND PHOTOGRAPHY, seeks the requested relief because the DJI

Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, CX5 VIDEO AND PHOTOGRAPHY, will ensure that the DJI Phantom 3

UAS is in airworthy condition based upon its compliance with the operating documents (i.e.,

Monthly Maintenance Log, and DJI Phantom 3 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 CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason

CX5 VIDEO AND PHOTOGRAPHY, Seeks Relief From Section 91.121.

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

operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS

equipment, and a radio communications telemetry data 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), CX5 VIDEO AND PHOTOGRAPHY, seeks the requested relief

because the DJI Phantom 3 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 UA is 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 CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason

CX5 VIDEO AND PHOTOGRAPHY, 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 UA during

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

total duration of 15 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4.5 minutes. CX5 VIDEO AND PHOTOGRAPHY, seeks the

requested relief because without an exemption from Section 91.151(b), the flight time duration

of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial

video or still photo flight operations that CX5 VIDEO AND PHOTOGRAPHY, proposes to

conduct pursuant to this Petition.
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Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS,

the DJI Phantom 3 operating documents, and CX5 VIDEO AND PHOTOGRAPHY, proposed

operating limitations, ensure that CX5 VIDEO AND PHOTOGRAPHY, will safely operate the

battery powered DJI Phantom 3 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 CX5 VIDEO AND PHOTOGRAPHY, Seeks And The Reason

CX5 VIDEO AND PHOTOGRAPHY, 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, CX5 VIDEO AND PHOTOGRAPHY,

requests relief from these Sections because DJI Phantom 3 UAS does not require airworthiness

certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, CX5 VIDEO

AND PHOTOGRAPHY, will perform maintenance, alterations, or preventive maintenance on

the UASs using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instruction Manual). Furthermore, CX5 VIDEO AND PHOTOGRAPHY, will document and

maintain all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting CX5 VIDEO AND PHOTOGRAPHY’s 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 CX5 VIDEO

AND PHOTOGRAPHY, to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, landscape, and special events over certain areas of

the United States. 

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

pollution, and provide significant benefits to the economy. Notably, the benefits of CX5 VIDEO

AND PHOTOGRAPHY, proposed operation of the DJI Phantom 3 UAS will be realized without

implicating any privacy issues.

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

The DJI Phantom 3 UA is battery powered and serves 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 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 UA does not require an airport to takeoff or land. Likewise, a reduction of manned

aircraft conducting aerial video and photography missions would result in fewer aircraft that
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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

3UAS.

Conducting aerial acquisitions with the DJI Phantom 3 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 UAS produces 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 UA, while

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

propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 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, DJI Phantom 3 UA (weighing

approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths

of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life

and property on the ground, and in the air, compared to the manned aircraft that typically

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

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

UAS Will Benefit The Economy.

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

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

the DJI Phantom 3 UAS will allow United States based companies, like CX5 VIDEO AND

PHOTOGRAPHY, 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 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 UAS, companies such as CX5 VIDEO AND

PHOTOGRAPHY, 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 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, CX5 VIDEO AND PHOTOGRAPHY, proposed operation of the DJI Phantom 3 UAS

will not implicate any privacy issues. Specifically, DJI Phantom 3 UAS will be operated only in

compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 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 I Seek Exemption.

1. Reasons Why The DJI Phantom 3 UA Meets 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, my operation of the DJI Phantom 3 UAS meets the

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H.

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

and sets forth requirements for considering whether a UAS will create a hazard to users of the

NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

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

national airspace system before completion of the plan and rule making 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
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system, the Secretary shall establish requirements for the safe operation of such

aircraft systems in the national airspace system.

In seeking this exemption, CX5 VIDEO AND PHOTOGRAPHY, submits that the DJI

Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated

by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and

(c) the specific operating limitations.

a. The Specifications Of DJI Phantom 3 UAS Demonstrates Its Safe

Characteristics.

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

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the DJI Phantom 3

Specifications and Data Sheet.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 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 UAS

is available on-line at DJI Phantom 3 User Manual.

iii. The DJI Phantom 3 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 UA will remain stationary, in flight, for

3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UA does not reacquire control link

data from the GCS, the UA will assume that the Control Link is lost and the UA 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 UAS is available

on-line at DJI Phantom 3 User Manual.

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

Operating Limitations.

In seeking this exemption, CX5 VIDEO AND PHOTOGRAPHY, proposes to

commercially operate DJI Phantom 3 UAS for the purpose of conducting aerial video and

photography over certain areas of United States, pursuant to the following specific operating

limitations:
14

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 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 UA may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 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 UA must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

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

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

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

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

texting is not permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensure that the SO can perform the functions prescribed in the operating

documents.

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

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

permitted to operate the camera or other instruments.

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

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
15

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

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of the

UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

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

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

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

must make an entry in the aircraft records.

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

components, items, or equipment, not already covered in the relevant sections of the

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, inspection,

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

aircraft records, including total time in service, description of work accomplished,

and the signature of the authorized person returning the UAS to service.

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

Bulletins.

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

action taken against discrepancies discovered between inspections.

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

qualification criteria and demonstrates the ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. PIC qualification flight hours must be

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of

training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training

sessions. During training, proficiency, and experience-building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must

operate the UA with appropriate distance from nonparticipants in accordance with 14

C.F.R. § 91.119.
16

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 visual flight rules (SVFR) are not

authorized.

19. 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.

20. The UA may not be operated less than 400 feet below or less than 2,000 feet

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

21. 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.

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 speed to the

intended landing point and land the UA with 25% battery power remaining.

24. 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.

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable.

26. 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.

27. 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.
17

These documents must be made available to the Administrator or any law

enforcement official upon request.

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

operations and activities at all times.

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

30. 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).

31. 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.

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

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

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

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And

(b) Would Not Adversely Affect Safety.

CX5 VIDEO AND PHOTOGRAPHY, 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 UAS except CX5 VIDEO AND PHOTOGRAPHY, and that PIC has

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

to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.
18

Considering CX5 VIDEO AND PHOTOGRAPHY’s, proposed area of operations, and

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

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

and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, CX5 VIDEO

AND PHOTOGRAPHY, submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for CX5

VIDEO AND PHOTOGRAPHY’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).

CX5 VIDEO AND PHOTOGRAPHY, will not allow any PIC to operate the DJI

Phantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum flighthour requirements or DJI Phantom 3 UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3 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 my proposed operations. The Administrator has held that prior documented flight

experience that was obtained in compliance with applicable regulations would ensure safe

operations, stating as follows:

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

purpose of motion picture filming (or similar operations), the PIC must have accumulated

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a

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

UAS. Prior to operations under Exemption No. 11062, the PIC must also have

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

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

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
19

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, CX5 VIDEO AND PHOTOGRAPHY, will ensure safe operations by not

allowing any PIC to operate the DJI Phantom 3 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 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, CX5 VIDEO AND PHOTOGRAPHY, will ensure that the DJI Phantom 3

UAS is in an airworthy condition based upon the UAS’s compliance with its operating

documents and as stated in the conditions and limitations herein.

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

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

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

the altitude information of the DJI Phantom 3 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 my operation of the DJI Phantom 3 UA 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 the aircraft. Prior to each flight, a zero altitude

initiation point is automatically established by the UAS at ground level.

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

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, CX5 VIDEO AND PHOTOGRAPHY, will ensure that it will

safely operate the battery powered DJI Phantom 3 UA during daylight hours in VFR conditions,
20

with enough battery power to fly for a total duration of 15 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

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 UAS provides 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 Phantom3 UAS 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, CX5 VIDEO AND PHOTOGRAPHY, submit 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 CX5 VIDEO AND PHOTOGRAPHY, will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques,

and practices prescribed in the operating documents (i.e., the Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, I will document and

maintain all maintenance records for DJI Phantom 3 UAS.

Likewise, the exemption sought will not adversely affect safety because CX5 VIDEO

AND PHOTOGRAPHY, will use my experience 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 UAS will be performed by me. 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 my proposed operating limitations, the operating documents, and the

technical aspects of the DJI Phantom 3 UAS, I submit 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),
21

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, CX5 VIDEO AND

PHOTOGRAPHY, requests that the FAA prescribe special conditions for the intended operation

of DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit

safe operation of the UA 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 UAS, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the

following:

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

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

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

he prescribes special conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for CX5 VIDEO AND PHOTOGRAPHY,’s intended operation of

DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

Which I Seek Exemption:
22

CX5 VIDEO AND PHOTOGRAPHY, 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 I Seek:

This exemption will permit CX5 VIDEO AND PHOTOGRAPHY, 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 CX5 VIDEO

AND PHOTOGRAPHY, 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, CX5 VIDEO AND PHOTOGRAPHY’s request for

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

11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, CX5 VIDEO AND PHOTOGRAPHY, will operate the DJI

Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public,

or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, CX5 VIDEO AND PHOTOGRAPHY, seeks an exemption 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 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 CX5 VIDEO AND PHOTOGRAPHY, to

safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the

NAS.

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

Modernization and Reform Act of 2012, Section 333, CX5 VIDEO AND PHOTOGRAPHY,

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 CX5 VIDEO AND

PHOTOGRAPHY, to operate the DJI Phantom 3 UAS commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: July 6, 2015
23

Respectfully submitted

 

 CX5 VIDEO AND PHOTOGRAPHY

Michael Chavez [owner\operator]

635 Bel-aire dr.

Dinuba CA 93618

Cell: [559]859-9369

APPENDICES:

Appendix A – Phantom 3 Technical Specifications

Appendix B - Phantom 3 Pre-Flight Inspection Check List

Appendix C – Phantom Flying Flowchart

Appendix D – Monthly Maintenance Log

APPENDIX A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

CX5 VIDEO AND PHOTOGRAPHY, only utilizes safe and reliable UASs. DJI is an industry

leader in small UAS production. DJI UASs are loaded with ground breaking software enabling

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

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

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

location information to the PIC via the linked monitor (smart phone/tablet devices).

Phantom 3

Purchased from DJI

General Specs.

Weight (Including Battery And

Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 10cm

Horizontal: +/- 1m

Max Speed

16 m/s (ATTI mode, no wind)
24

Max Altitude Above Sea Level

6000m

Operating Temperature 0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor

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

Lens

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

ISO Range

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

Shutter Speed

8s-1/8000s

Image Max Size

4000x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes

Phantom3 Professional

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

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

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

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature 0°C to 40°C

Gimbal

Controllable Range

Pitch-90° to +30°

Stabilization 3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than8 m/s (when2m above ground)

Altitude Range

30 cm-300 cm

Operating Range

30 cm-300 cm
25

Operating Environment

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

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature1.1

APPENDIX B

Phantom 3 Pre-Flight Inspection Check List

Pre-Flight Check List

ο Visual inspection for defects

ο Batteries fully charged and checked - Transmitter, UAS, iPad, iPhone, 

approved/compatible device

ο Props tightened and locked

ο SD card in camera

ο Lens cap removed (As necessary)

ο Antennae up and parallel

ο Transmitter turned on (press once, release, then press and hold for 3 seconds)

ο Ensure Transmitter is in P Mode

ο UAS turned on (press once, release, then press and hold for 3 seconds)

ο Flick the transformation switch on transmitter up and down 4 times quickly to convert

from travel mode to flight mode or use the app

ο DJI Pilot app quit and restarted, no other running apps on iPad

ο Tap bar at top of app (Safe to Fly GPS) for full status

ο Maps are cached (move the map around, zoom in an out)

ο Minimum return height adjusted (check for tallest object and set accordingly)

ο UAS placed in safe launch and recover position

ο Home point reprogrammed via app

ο Area clear of people / obstructions

Flight Check List

ο Hover close for 20 seconds. Look / Listen for defects

ο Confirm expected stick operation

ο Monitor battery power

ο Monitor signal strength

ο Keep line-of-sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required
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APPENDIX C
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APPENDIX D