July 31, 2015

Attn: U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: DESIGNWORKS GROUP, INC. dba DESIGNWORKS ADVERTISING GROUP

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

OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF DJI Phantom3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

2012 (PUBLIC LAW 112-95)

Sammy Risner

Executive Vice President

DesignWorks Group, Inc. dba DesignWorks Advertising Group

2633 Plaza Pkwy.

Wichita Falls, TX 76308

940-696-1229 • 940-692-1801 f

Sammy@designworksgroup.com

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TABLE OF CONTENTS

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

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

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH DESIGNWORKS ADVERTISING GROUP 

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

THE EXTENT OF RELIEF DESIGNWORKS ADVERTISING GROUP SEEKS AND THE REASON 

DESIGNWORKS ADVERTISING GROUP SEEKS THE RELIEF............................................10

THE REASONS WHY GRANTING DESIGNWORKS ADVERTISING GROUP’S REQUEST	WOULD	

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

THE REASONS WHY GRANTING THE EXEMPTION TO DESIGNWORKS ADVERTISING 

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

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT DESIGNWORKS ADVERTISING GROUP’S REQUEST..............................25

CONCLUSION....................................................................................................................25

APPENDICES......................................................................................................................	26

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

DESIGNWORKS GROUP, INC. dba DESIGNWORKS ADVERTISING GROUP hereafter referred to 

as DESIGNWORKS GROUP 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 (DJI Phantom 3) pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit DESIGNWORKS ADVERTISING GROUP to 

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

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

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

DESIGNWORKS GROUP has for over thirty years provided their clients (which include private sector 

businesses and non-profits) with expertise and knowledge in video and multimedia marketing, 

advertising, and public relations. DESIGNWORKS GROUP has worked on thousands of productions 

over the past 31 years in all types of locations with a perfect client and employee safety record. The 

objective of DESIGNWORKS GROUP and our Unmanned Aircraft System (DJI Phantom 3) aerial 

operations is to provide a more affordable, high-quality production system for a variety of commercial, 

public, and residential uses, specifically targeting

•	Construction sites before and after

•	Appraisals

•	Real-estate marketing

•	Economic development

•	Civic landmarks

•	Special event coverage

•	Aerial Photography and Videography

Our production team has been training by flying various UAV models recreationally for 3 years without 

incident.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, UAS

DESIGNWORKS GROUP seeks an exemption to operate DJI Phantom 3 system for

compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic

tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of

approximately 2.8 lb. while having a diagonal	dimension	of	23.2”, a maximum speed of

approximately 16.4’fps	and a maximum flying height of 400'. The DJI Phantom 3 is equipped

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

The DJI Phantom 3 that will be operated by DESIGNWORKS GROUP 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.

4
BASIS FOR PETITION

Petitioner, DESIGNWORKS GROUP, 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, UAS 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, DESIGNWORKS GROUP operation of DJI Phantom 3 UAS meets 

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

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

Accordingly, DESIGNWORKS GROUP 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.

DESIGNWORKS GROUP submits that the requested relief is proper since an equivalent level of safety 

will be ensured. DESIGNWORKS GROUP will use experienced personnel or technicians to perform 

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

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual). Furthermore, DESIGNWORKS GROUP 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 DESIGNWORKS GROUP to the extent

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

well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour

and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a

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

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

DESIGNWORKS GROUP 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, DESIGNWORKS GROUP submits

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

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

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

condition for safe flight.

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

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

altimeter onboard. However, altitude information of the DJI Phantom 3 UAS 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 DESIGNWORKS GROUP’s 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, DESIGNWORKS GROUP seeks an exemption from the requirements of

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

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

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

enough battery power to fly for a total duration of approximately 23 minutes. Battery power

indicators are also able to show exactly how much battery power is left, as well as how much

time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, DESIGNWORKS GROUP provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Sammy Risner

Executive Vice President

DESIGNWORKS GROUP, INC. dba DESIGNWORKS ADVERTISING GROUP

2633 Plaza Pkwy.

Wichita Falls, TX 76308

940-696-1229 • 940-692-1801 f

craig@designworksgroup.com

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B. The Specific Sections Of 14 C.F.R. From Which DESIGNWORKS GROUP Seeks

Exemption.

1. DESIGNWORKS GROUP Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part:

 (a) No person who holds a private pilot certificate may act as a pilot in command

 (PIC) of an aircraft that is carrying passengers or property for compensation or hire;

 nor may that person, for compensation or hire, act as PIC of an aircraft.

 (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

 connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

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

2. DESIGNWORKS GROUP 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. DESIGNWORKS GROUP 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

 (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.

7
4. DESIGNWORKS GROUP 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. DESIGNWORKS GROUP 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. DESIGNWORKS GROUP 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. DESIGNWORKS GROUP 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.

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8. DESIGNWORKS GROUP Seeks Exemption From The Requirements Of Sections

91.417(a) And 91.417(b).

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

following:

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

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

 in paragraph (b) of this section:

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

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

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

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

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

 work performed; and

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

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

 for return to service.

(2) Records containing the following information:

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

 each rotor.

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

 rotor, and appliance.

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

 are required to be overhauled on a specified time basis.

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

 last inspection required by the inspection program under which the aircraft

 and its appliances are maintained.

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

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

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

 recurring action, the time and date when the next action is required.

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

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

 propellers, and appliances.

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(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 DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS 

GROUP Seeks The Relief.

1. Extent Of Relief DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS GROUP 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, DESIGNWORKS GROUP submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS

unless that PIC has met certain flight-hour and currency requirements, demonstrating that the

PIC is able to safely operate either the DJI Phantom 3 UAS in a manner 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, DESIGNWORKS GROUP 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 DESIGNWORKS 

GROUP’s	business;	and	(2)	will	not carry passengers or property for compensation or

hire.

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2. Extent Of Relief DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS GROUP 

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 DESIGNWORKS GROUP to determine that the DJI Phantom 3 UAS are in

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

operating documents (i.e., DESIGNWORKS GROUP Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual).

DESIGNWORKS GROUP 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,

DESIGNWORKS GROUP will ensure that the DJI Phantom 3 UAS are in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in

condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS GROUP 

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), DESIGNWORKS GROUP 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 UAS are equipped with a barometric pressure sensor and GPS equipment, which

automatically ensures that a ground level pressure setting will be established prior to each flight,

and provides the PIC with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS GROUP 

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 UAS

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

(VFR), for a total duration of 23 minutes. DESIGNWORKS GROUP seeks the requested

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

11
battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video

or still photo flight operations that DESIGNWORKS GROUP proposes to conduct pursuant

to this Petition.

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

Phantom 3 operating documents, and DESIGNWORKS GROUP’s proposed	operating

limitations, ensure that DESIGNWORKS GROUP will safely operate the battery powered

DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes.

5. Extent Of Relief DESIGNWORKS GROUP Seeks And The Reason DESIGNWORKS 

GROUP 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, DESIGNWORKS GROUP requests relief from

these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set

forth more fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, DESIGNWORKS GROUP 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 DESIGNWORKS GROUP Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 Instruction Manual). Furthermore, DESIGNWORKS GROUP will

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

D. The Reasons Why Granting DESIGNWORKS GROUP 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 DESIGNWORKS GROUP

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

construction sites, real estate, events and civic landscape over certain areas of the United States.

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

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

DESIGNWORKS GROUP’s 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 UAS are battery powered and serve as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

12
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

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft

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

handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of

flight operations.

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

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 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 UAS, while reducing the

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled

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

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, the DJI Phantom 3 UAS (weighing

approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2

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

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

similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42

feet, a length 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 are 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 DESIGNWORKS GROUP, to 

remain competitive and contribute to growth of the U.S. economy. Specifically, with

the	rising	cost	of	aviation	fuel	and	the	Environmental	Protection	Agency	(“EPA”)	regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new

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

Phantom 3 UAS is one such technology that not only allows companies greater operational

13
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 DESIGNWORKS GROUP, 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.

4. There Are No Privacy Issues.

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

DESIGNWORKS GROUP’s proposed	operation	of	the	DJI Phantom 3 UAS will not

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in

compliance with operating documents (i.e., DESIGNWORKS GROUP Aerial 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 DESIGNWORKS GROUP Seeks Exemption.

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

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

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

unmanned aircraft and its operation, DESIGNWORKS GROUP’s	operation	of	the	DJI

Phantom 3 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 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.

14
(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, DESIGNWORKS GROUP 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 The DJI Phantom 3 UAS Demonstrate 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 are set forth by the DJI Phantom 3 User

Manual, attached hereto as Appendix A.

 ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain

 Within A Defined Operational Area.

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

complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided

at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A.

 iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point

 Or Hover In The Event Of Loss Of The Control Link Or Navigation.

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

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

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

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

15
A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at

pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

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

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

Phantom 3 User Manual is attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

DESIGNWORKS GROUP’s video production staff will be the only persons to act as a pilot in

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

times during flight time.

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

Limitations.

In seeking this exemption, DESIGNWORKS GROUP proposes to commercially operate DJI

Phantom 3 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 UAS weighing less than 55

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

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

amend this grant.

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 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 UAS must be operated within visual line of sight (VLOS) of the PIC at all

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

other	than	corrective	lenses,	as	specified	on	the	PIC’s	FAA-issued airman medical

certificate.

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

permitted.

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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.

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.

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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 UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

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

action taken against discrepancies discovered between inspections.

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

medical certificate.

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

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

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

including evasive and emergency maneuvers and maintaining appropriate distances

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

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

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

However, training operations may only be conducted during dedicated training

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

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

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

C.F.R. § 91.119.

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

All operations must be conducted under visual meteorological conditions (VMC). If

flight at night is required, a special request will be made at the FAA office closest to

proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

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

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

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

accordance	with	a	NOTAM	as	required	by	the	operator’s	COA.	The	letter	of

agreement with the airport management must be made available to the Administrator

upon request.

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

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

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

location within the planned operating area and land or be recovered in accordance with the operating 

documents.

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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.

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;

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

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

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

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

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

flight to be conducted.

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

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

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

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

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

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

Would Not Adversely Affect Safety.

DESIGNWORKS GROUP 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 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.

Considering DESIGNWORKS GROUP’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, DESIGNWORKS GROUP

submits that the additional manned airmanship experience of a commercially

certificated pilot would not correlate to the airmanship skills necessary for DESIGNWORKS GROUP’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).

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

that PIC has demonstrated, by meeting minimum flight-hour requirements or the 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

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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 The DESIGNWORKS GROUP’s	proposed	operations.	The	Administrator	has	held	that

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

would ensure safe operations, stating as follows:

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

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

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

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, DESIGNWORKS GROUP 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.

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

every flight, DESIGNWORKS GROUP 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 UAS will be provided to the PIC via GPS equipment

and a radio communications telemetry data link, which downlinks from the UA to the GCS for

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

DESIGNWORKS GROUP’s operation	of	the	DJI Phantom 3 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 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, DESIGNWORKS GROUP will ensure that it will safely operate the

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

battery power to fly for a total duration of 23 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 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

22
power. At the critically low battery level, the DJI Phantom 3 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, DESIGNWORKS GROUP 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

DESIGNWORKS GROUP 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., DESIGNWORKS GROUP Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, DESIGNWORKS 

GROUP will document and maintain all maintenance records for the DJI Phantom 3

UAS.

Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, 

DESIGNWORKS GROUP will maintain the equivalent level of safety established by Sections

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are

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

attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because DESIGNWORKS GROUP 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 UAS

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

utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS are considered.

23
In consideration of DESIGNWORKS GROUP’s	proposed	operating	limitations,	the	operating

documents, and the technical aspects of the DJI Phantom 3 UAS, DESIGNWORKS GROUP

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, DESIGNWORKS GROUP requests that

the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS,

which contain such safety standards that the Administrator finds necessary to establish a level of

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b). Such special conditions will permit safe operation of the UAS for the limited purpose of

conducting aerial video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth 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	Leading	Edge’s	intended	operation of the DJI Phantom 3 UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections

24
61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

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

Rules From Which DESIGNWORKS GROUP Seeks Exemption:

DESIGNWORKS GROUP 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 DESIGNWORKS GROUP

Seeks:

This exemption will permit DESIGNWORKS GROUP to commercially operate an

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

photography over certain areas of the United States.

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

DESIGNWORKS GROUP’s	Request.

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

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

may operate safely in the NAS. As such, DESIGNWORKS GROUP’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, DESIGNWORKS GROUP 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, DESIGNWORKS GROUP 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 DESIGNWORKS GROUP to safely,

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

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

Modernization and Reform Act of 2012, Section 333, DESIGNWORKS GROUP respectfully

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

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom

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

areas of the United States.

Dated July 31, 2015

Respectfully submitted,

Sammy Risner

Executive Vice President

DesignWorks Group, Inc. dba DesignWorks Advertising Group

2633 Plaza Pkwy.

Wichita Falls, TX 76308

940-696-1229 • 940-692-1801 f

Sammy@designworksgroup.com

Appendices:

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

http://download.djiinnovations.

com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

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