September 25, 2015

Exemption No. 12989

Regulatory Docket No. FAA−2015−2778

Mr. Chandler Motley

Forensic Analysis & Engineering Corporation

2503 58th Street

Hampton, VA 23661

Dear Mr. Motley:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated June 8, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Forensic Analysis & Engineering Corporation (hereinafter petitioner or operator) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial videography and photography of inspection sites.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
2

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Forensic Analysis & Engineering Corporation is 

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Forensic Analysis & Engineering Corporation is hereafter referred 

to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

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

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported 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 or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 
4

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 

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

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

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

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

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

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

-District Office (FSDO) with jurisdiction over the area of proposed filming. The 

3-day notification may be waived with the concurrence of the FSDO. The plan of 

activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.
8

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1 | 23

SUMMARY

Forensic Analysis & Engineering seeks exemption from the requirements of 14 C.F.R §§ 61.23(a) and

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) and (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 Forensic Analysis & Engineering to operate an UAS for the commercial purpose of

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

INTRODUCTION OF THE PETITIONER

Forensic Analysis & Engineering provides its clients with information about how an accident happened.

The objective of Forensic Analysis & Engineering is to provide the best and most effective

inspection.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

Forensic Analysis & Engineering seeks an exemption to operate DJI systems for compensation or hire

within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems

in tandem with its own dedicated remote system. The DJI Phantom 3 Professional has a maximum

gross weight of 2 pounds 13 ounces with a diagonal size of 23.3 inches and a maximum speed of

approximately 31 knots. The DJI Phantom 3 Professional is equipped with four main rotors driven by

a 6000mAh LiPo 2S powered electric motors and a Sony EXMOR 1/2.3” for image capture.

The DJI Phantom 3 Professional that will be operated by Forensic Analysis & Engineering will be

registered in accordance with 49 U.S.C. 44103, as well as 14 C.F.R. Part 47, and marked in

accordance with 14 C.F.R. Part 45.

BASIS FOR PETITION

Petitioner, Forensic Analysis & Engineering, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and FAA Modernization and Reform Act of 2012 (FMRA), Section

333, hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional

UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7(a), 91.119(a), 91.121,

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) & (b).

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

aircraft and its operation, Forensic Analysis & Engineering’s operation of DJI Phantom 3

Professional meets the conditions of FAA Modernization and Reform Act of 2012 (FMRA) Section

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

Subpart H. Accordingly, Forensic Analysis & Engineering requests relief from §§ 91.405(a)

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

maintenance that only apply to aircraft with an airworthiness certificate.

Forensic Analysis & Engineering submits that the requested relief is proper since an equivalent level of

safety will be ensured. Forensic Analysis & Engineering will use experienced personnel or

1 | 23
2 | 23

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 Professional Instruction Manual). Furthermore, Forensic

Analysis & Engineering will document and maintain all maintenance records for the DJI Phantom 3

Professional UAS.

Relief from certain requirements of § 61.23(a) & (c) entitled Medical certificates: Requirement and

duration, is requested by Forensic Analysis & Engineering to operate the DJI Phantom 3

Professional without an issued medical certificate. Forensic Analysis & Engineering will require all

pilots to have an annual physical to ensure the pilot is fit to command.

Relief from § 61.101(e)(4) & (5), 61.113(a), and 61.315(c)(2) & (3) entitled Recreational pilot privileges

and limitations, Private pilot privileges and limitations: Pilot in command, and What are the

privileges and limits of my sport pilot certificate? respectively, is requested by Forensic Analysis &

Engineering to the extent necessary to allow a PIC holding a recreational, private, or sport pilot

certificate, as well as a state Driver’s license, and who has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

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

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

where necessary.

Relief from § 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 Professional

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

As such, Forensic Analysis & Engineering submits the they will ensure that the DJI Phantom 3

Professional UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in

compliance with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual), and that the aircraft are in a condition for safe flight.

Relief from § 91.119(c), entitled Minimum safe altitudes: General, because Forensic Analysis &

Engineering intends to use the DJI Phantom 3 Professional to collect aerial video and photographs

of buildings and structures involved in an investigation. Outside of structures involved in an

investigation, Forensic Analysis & Engineering will maintain safe distance from structures, people,

vessels, and vehicles.

Relief from § 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UA will not have a

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3

Professional UA will be provided to the PIC via GPS equipment and radio communications telemetry

data link, which downlinks from the UA to the Ground Control System for active monitoring of the

flight path. This altitude information, combined with Forensic Analysis & Engineering’s operation of

the DJI Phantom 3 Professional within VLS at or below 500 feet AGL, will ensure a level of safety

equivalent to § 91.121.

Relief from § 91.151(b), entitled Fuel requirements for flight in VFR conditions. Forensic Analysis &

Engineering submits that safety will not be affected by operation of the DJI Phantom 3 Professional

UA during daylight visual meteorological conditions (VMC) under VFR, with enough battery power to

fly for a total duration of approximately 13 minutes to the first point of intended landing and ,

assuming normal cruising speed, to fly after that for at least 5 minutes.

2 | 23
3 | 23

In accordance with 14 C.F.R. § 11.81, Forensic Analysis & Engineering 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:

Forensic Analysis & Engineering Corporation

Chandler Motley

2503 58th Street

Hampton, VA 23661

757.265.9333 ext. 106

cmotley@forensic­analysis.com

B. The Specific §§ of 14 C.F.R. From Which Forensic Analysis & Engineering Seeks

Exemption.

1. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

61.23(a) & (c).

§ 61.23, entitled Medical certificates: Requirement and duration, subsections (a) and (c) prescribe

the following

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of

this section, a person—

(1) Must hold a first­class medical certificate:

(i) When exercising the pilot­in­command privileges of an airline transport pilot certificate;

(ii) When exercising the second­in­command privileges of an airline transport pilot

certificate in a flag or supplemental operation in part 121 of this chapter that requires

three or more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted under

part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second­in­command privileges of an airline transport pilot certificate in part 121 of this

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third­class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in

command;

(v) When exercising the privileges of a flight instructor certificate and serving as a

required pilot flight crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot,

commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a

practical test or proficiency check for an airman certificate, rating, or authorization.

(c) Operations requiring either a medical certificate or U.S. driver's license.

3 | 23
4 | 23

(1) A person must hold and possess either a medical certificate issued under part 67 of this

chapter or a U.S. driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges

in a light­sport aircraft other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light­sport aircraft other than a

glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while

acting as pilot in command or serving as a required flight crewmember of a light­sport

aircraft other than a glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport

pilot certificate in a light­sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's

license and any judicial or administrative order applying to the operation of a motor

vehicle;

(ii) Have been found eligible for the issuance of at least a third­class airman medical

certificate at the time of his or her most recent application (if the person has applied for a

medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has

held a medical certificate) suspended or revoked or most recent Authorization for a

Special Issuance of a Medical Certificate withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that

person unable to operate a light­sport aircraft in a safe manner.

2. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

61.101(e)(4) & (5).

§ 61.101, entitled Recreational pilot privileges and limitations, subsection (e)(4) states the

following:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act

as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

3. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of § (5),

61.113(a).

§ 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsection (a) states

the following:

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in

command of an aircraft.

4. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

61.315(c)(2) & (3).

4 | 23
5 | 23

§ 61.315, entitled What are the privileges and limit of my sport pilot certificate?, subsection (c)(2) &

(3) states the following:

(c) You may not act as pilot in command of a light­sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.

5. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.7(a).

§ 91.7, entitled Civil aircraft worthiness, subsection (a), states that:

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

6. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.119(c).

§ 91.119, entitled Minimum safe altitudes: General, subsection (c) states that:

Except when necessary for takeoff or landing, no person may operate an aircraft below the following

altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer

than 500 feet to any person, vessel, vehicle, or structure.

7. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.121.

§ 91.121, entitled Altimeter Settings, subsection (a)(1) 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.

8. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.151(b).

§ 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.

9. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.405(a).

5 | 23
6 | 23

§ 91.405, entitled Maintenance required, subsection (a) states:

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.

10. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.407(a)(1).

§ 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.

11. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.409(a).

§ 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.

12. Forensic Analysis & Engineering Seeks Exemption From The Requirement Of §

91.417(a) & (b).

§ 91.417, entitled Maintenance records, subsections (a) & (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

100­hour, 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 life­limited parts of each airframe, engine, propeller, rotor, and

appliance.

6 | 23
7 | 23

(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 Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks The Relief.

1. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 61.23(a) & (c).

Relief from § 61.23(a), entitled Medical certificates: Requirement and duration, is requested to the

extent necessary to allow a PIC, with a current physical from an approved practitioner but no

medical certificate, to pilot the DJI Phantom 3 Professional.

The limitations of § 61.23(a) sets forth the level of medical certificate one needs in order to pilot an

aircraft. However, because the DJI Phantom 3 Professional does not require a physical pilot inside

the vessel and because the DJI Phantom 3 Professional can be programmed to safely return, within

the same limitations the PIC would be required to follow, to the GCS and land in the event of loss of

range or other emergencies a current physical will maintain a similar level of safety as the medical

certificate would. Forensic Analysis & Engineering requests that a current physical and valid driver’s

license meet the safety requirements of this section.

2. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 61.101(e)(4) & (5), 61.113(a), And

61.315(a).

Relief from §§ 61.101(e)(4) & (5), 61.113(a), and 61.315(a), entitled Recreational pilot privileges and

limitations, Private pilot privileges and limitations: Pilot in command, and What are the privileges

and limits of my sport pilot certificate?, is requested to the extent necessary to allow a PIC holding

a recreational, private, or sport pilot certificate as well as a valid driver’s license and current

physical, and who has met certain flight­hour and currency requirements, to conduct the proposed

UAS flight operations for compensation or hire.

7 | 23
8 | 23

This relief is requested since the limitations set forth state that private, recreation, or sport pilots 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, Forensic Analysis & Engineering submits that an equivalent level of

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

UAS unless that PIC has met certain flight­hour and currency requirements, demonstrating that the

PIC is able to safely operate either the DJI Phantom 3 Professional 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 that are not part of an investigation.

Further, Forensic Analysis & Engineering submits that all flights of the DJI Phantom 3 Professional

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

& Engineering’s business; and (2) will not carry passengers or property for compensation or hire.

3. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 91.7(a).

Relief from § 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow

Forensic Analysis & Engineering to determine that the DJI Phantom 3 Professional UAS is in

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

documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

Forensic Analysis & Engineering seeks the requested relief because the DJI Phantom 3 Professional

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. part 21, Subpart H.

Therefore, Forensic Analysis & Engineering will ensure that the DJI Phantom 3 Professional UAS is

in airworthy condition based upon compliance with the operation documents (i.e. Monthly

Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) prior to every flight, and

further, determine that the aircraft is in condition for safe flight, as stated in the conditions and

limitations below.

4. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 91.119(c).

Relief from § 91.119(c), entitled Minimum safe altitudes: General, will be necessary in order to conduct

various investigations. The DJI Phantom 3 Professional would need to get close vessels, vehicles,

and structures involved in the investigation in order to capture clear photographs of the inspection

site.

Specifically, the § limits getting within 500 feet of any person, vessel, vehicle, or structure. Forensic

Analysis & Engineering requests relief from this limit against vessels, vehicles, and structures only

when part of an active investigation with the property owner’s previous permission. Considering the

hovering capabilities of the DJI Phantom 3 Professional, which is ± 0.1 m vertically (when Vision

Positioning is activated) and ± 1.5 m horizontally, a safer than 500 feet distance can be maintained.

8 | 23
9 | 23

Furthermore, Forensic Analysis & Engineering will incorporate a second remote system so that the VO

or a third participant can operate the photography will the PIC can verify that the DJI Phantom 3

Professional is maintaining a safe distance from the structure, vehicle, or vessel.

5. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 91.121.

Relief from § 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI

Phantom 3 Professional UAS, which utilize 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), Forensic

Analysis & Engineering seeks the requested relief because the DJI Phantom 3 Professional UA’s

altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief is sought to the extent necessary to

comply with the applicable conditions and limitations stated below, As more fully set forth herein, an

equivalent level of safety will be maintained since the DJI Phantom 3 Professional UA 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 that PIC with altitude

information of the UA on the heads up display of the GCS.

6. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From § 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 Professional UA during

daylight hours in visual meteorological conditions, under visual flight rules, for a total duration of 13

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

for at least 5 minutes. Forensic Analysis & Engineering seeks the requested relief because without

an exemption from this rule will severely constrain the practicality of any aerial video or still photo

flight operations that Forensic Analysis & Engineering proposes to conduct pursuant to this Petition.

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

operation documents, and Forensic Analysis & Engineering’s proposed operating limitations, ensure

that Forensic Analysis & Engineering will safely operate the battery powered DJI Phantom 3

Professional UA during daylight hours in visual meteorological conditions, under visual flight rules,

with enough battery power to fly for a total duration of 13 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

7. Extent Of Relief Forensic Analysis & Engineering Seeks And The Reason Forensic

Analysis & Engineering Seeks Relief From §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(2), And 91.417(a) & (b).

Since §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), And 91.417(a) & (b) only apply to aircraft with an

airworthiness certificate, Forensic Analysis & Engineering requests relief from these §§ because the

DJI Phantom 3 Professional UAS does not require an airworthiness certificate. As set forth more

9 | 23
10 | 23

fully below, the DJI Phantom 3 Professional UAS meets the conditions of FAA Modernization and

Reform Act of 2012 (FMRA) Section 333 for operation without an airworthiness certificate.

Accordingly, Forensic Analysis & Engineering 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. Monthly Maintenance Log and DJI Phantom 3

Professional Instruction Manual). Furthermore, Forensic Analysis & Engineering will document and

maintain all maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reason Why Granting Forensic Analysis & Engineering 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 Forensic Analysis & Engineering

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

vessels, construction sites, and other accident sites over certain areas of the United States.

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

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

& Engineering’s proposed operation of the DJI Phantom 3 Professional UAS will be realized without

implicating any privacy issues.

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

The DJI Phantom 3 Professional UA is battery powered and serve as a safe, efficient, and economical

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

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a

DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce

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

ground.

Additionally, when Forensic Analysis & Engineering must collect video and photographic evidence of

ships and vessels off the coast, using the DJI Phantom 3 Professional will result in a reduction of

congestion in the waterways and ultimately a reduction in fuel costs.

Furthermore, by reducing the number of manned aircraft operations in the NAS, congestion around

airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Professional

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 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

Professional UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will

greatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial video and still photography flight operations. By using battery powered and

electric motors, the DJI Phantom 3 Professional UAS produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, six cylinder internal combustion

10 | 23
11 | 23

engine aircraft that are typically utilized for aerial video and photography, while burning

approximately 20­30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UA,

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

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

By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the substantial risk to life

and property in the air and on the ground, which is usually associated with traditional manned

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack

of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional UA (weight

approximately 2 pounds 13 ounces at its maximum gross weight with length a 23.3 inches diagonal,

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

(weight 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

Professional UAS Will Benefit The Economy.

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

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

DJI Phantom 3 Professional UAS will allow United States based companies, like Forensic Analysis

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

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

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

alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3

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

flexibility compared to manned aircraft, but provides such flexibility without the high operational cost

of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional UAS companies, such as Forensic Analysis &

Engineering, can remain competitive and profitable, and therefore, provide greater job stability to

employees and contractors, which will ultimately contribute to growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3

Professional UAS, provides a stable workforce that increases consumer spending; improves local,

state, and federal tax revenues and allows companies to invest in research and development in

order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

Forensic Analysis & Engineering’s proposed operations of the DJI Phantom 3 Professional UAS will

not implicate any privacy issues. Specifically the DJI Phantom 3 Professional UAS will be operated

in compliance with operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3

Professional Instruction Manual) additionally requiring property owner involvement as well as local

law enforcement notification, and in accordance with the Federal Aviation Regulations)

11 | 23
12 | 23

E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety, Or How The

Exemption Would Provide A Level Of Safety Equal To That Provided By The Rule From

Which Forensic Analysis & Engineering Seeks Exemption.

1. Reasons Why the DJI Phantom 3 Professional UA Meet The Conditions Of The FAA

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

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

aircraft and its operation, Forensic Analysis & Engineering’s operation of the DJI Phantom 3

Professional UAS meets the conditions of FAA Modernization and Reform Act of 2012 (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 hazard to users of the NAS or the public, or

otherwise pose a threat to national security. Specifically, FAA Modernization and Reform Act of

2012 (FMRA) Section 333 states the following, in part:

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

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

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

airspace system before completion of the plan and rulemaking required by section 332 of

this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination under

subsection (a), the Secretary shall determine, at a minimum­­

(1) which types of unmanned aircraft systems, if any, as a result of their size,

weight, speed, operational capability, proximity to airports and populated areas,

and operation within visual line of sight do not create a hazard to users of the

national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for

the operation of unmanned aircraft systems identified under paragraph (1).

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

certain unmanned aircraft systems may operate safely in the national airspace system,

the Secretary shall establish requirements for the safe operation of such aircraft systems

in the national airspace system.

In seeking this exemption, Forensic Analysis & Engineering submits that the DJI Phantom 3 Profession

UAS can operate safely in the NAS pursuant to FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UA; (b)

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its

Safe Characteristics.

12 | 23
13 | 23

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

otherwise pose a threat to the 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 Professional UAS are set for by the DJI Phantom 3

Professional User Manual and Safety Guide, attached hereto as Appendix A and B.

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

Enable The UAS to Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight

modes. A complete description of the flight and navigational modes of the DJI Phantom 3

Professional UAS is provided at page 11 of the DJI Phantom 3 Professional User Manual, attached

hereto as Appendix A.

iii. The DJI Phantom 3 Professional UAS Is Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The

Control Link Or Navigation.

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

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA do not reacquire control

link data from the GCS, the UA will assume that the Control Link is lost and the US will return to the

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

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

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

iv. The DJI Phantom 3 Professional GCS And Its Operation.

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

flight control software is provided at pages 23­29 and 35­38 of the DJI Phantom 3 Professional User

Manual, attached hereto as Appendix A.

b. Flight Operations Of DJI Phantom 3 Professional UAS Is Limited To The

Line Of Sight Of A Certified Pilot in Command With A Safety Observer.

Forensic Analysis & Engineering will be the only company to authorize PICs for the DJI Phantom 3

Professional. Additionally, a safety observer and photographer will assist the PIC during flight time.

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

Specific Operating Limitations.

In seeking this exemption, Forensic Analysis & Engineering proposes to commercially operate DJI

Phantom 3 Professional UAS for the special purpose of conducting aerial video and photography

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

13 | 23
14 | 23

1. Operations authorized by this grant of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UASs weight less than 55 pounds

maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft System. 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 500 feet 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 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 lense, as specified on

the PIC’s State issued Driver’s License

6. The use of the first person view by the PIC or SO is not permitted.

7. All operations must utilize an SO. The SO may be used to satisfy the VLOS requirement as

long as the IC 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 (AFS­80) 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 GCS must be included in the

preflight inspection. All maintenance and alterations must be properly document in the

aircraft records.

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

flight characteristics, e.ge 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.

14 | 23
15 | 23

12. The pre­flight 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 UAS operated under this exemption must comply with all manufacture 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 a private, sport, recreational, or higher pilot certificate, at least a

current Driver’s License, and a current physical from an approved practitioner.

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 not involved in an investigation. 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 PIC are permitted under the terms of the exemption. However,

training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience­building flights, all persons not essential for flight

operations are considered nonparticipants, and the IC 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 VMC. If flight at night is required, a special request will

be made at the FAA office closet to proposed area of operations. Flights under SVFR are

not authorized.

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

current FAA­published aeronautical chart unless a letter of agreement with that airport's

management is obtained, and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA. The letter of agreement with the airport management must

be made available to the Administrator upon request.

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

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

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

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

operating documents.

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

accordance with the operating documents.

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

conditions) there is enough power to fly at normal cruising speed to the intended point and

land the UA with 25% battery power remaining.

25. The operator must obtain an ATO issued Certificate of Waiver or Authorization (COA) prior

to conducting any operations under the grant of exemption. This COA will also require the

15 | 23
16 | 23

operator to request a NOTAM not more than 72 hours in advance, but not less than 48

hours prior to 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 made as

large as practical

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

of the UA must comply with the 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 GCS of the UAS any time the UAS in 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 the time.

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 situation arises

where nonparticipating persons leave such protection and are within 500 feet of the

U, flight operations must cease immediately and/or;

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

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

and the PIC has made a safety assessment of the risk of operating closer to those

objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, So, operator trainees, or essential persons do not

present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled­access 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 (AFS­80) within 24 hours. Accidents must be reported to the NTSB

per instructions contained on the NTSB website: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of § 61.23(a) Would Not

Adversely Affect Safety.

Forensic Analysis & Engineering submits that the equivalent level of safety established by § 61.23(a)

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

unless that PIC has a current physical on file with Forensic Analysis & Engineering and a valid

Driver’s License.

16 | 23
17 | 23

The FAA has previously granted relief from § 61.23(a) & (c) specific to UAS, in circumstances similar, in

all material respects to those presented herein (e.g. Exemption Nos. 11410, 11553, 11257, 11213,

11437, 11150A).

3. Reasons Why An Exemption From The Requirements Of §§ 61.101(e)(4) & (5),

61.113(a), And 61.315(a) Would Not Adversely Affect Safety.

Forensic Analysis & Engineering submits that the equivalent level of safety established by §§

61.101(e)(4) & (5), 61.113(a), and 61.315(a) will be maintained because no PIC will be allowed to

operate the DJI Phantom 3 Professional unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

Professional UAS in a manner consistent with the exemption, including evasive and emergency

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

Considering Forensic Analysis & Engineering’s proposed area of operations, and the operating

limitations set forth­above; the parallel nature of private, recreational, or sport pilot aeronautical

knowledge requirements to those of commercial pilot requirements; and the airmanship skills

necessary to safely operate the DJI Phantom 3 Professional UAS, Forensic Analysis & Engineering

submits that the additional manned airmanship skills unnecessary for Forensic Analysis &

Engineering’s specific proposed flight operations.

Forensic Analysis & Engineering will not allow any PIC to operate the DJI Phantom 3 Professional UAS

unless that PIC has demonstrated, by meeting minimum flight­hour requirements or the DJI

Phantom 3 Professional UAS training and currency requirements, that the PIC is able to safely

operate the the DJI Phantom 3 Professional UAS in a manner consistent with this exemption,

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

vessels, vehicles, and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours

as a UAS pilot operating the same make and model of UAS to be used for operations under the

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings

in the preceding 90 days (for currency purposes).

Accordingly, Forensic Analysis & Engineering will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting

minimum flight­hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and

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

structures.

The FAA has previously granted relief from § 61.113(a) & (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).

17 | 23
18 | 23

4. Reasons Why An Exemption From The Requirements Of § 91.7(a) Would Not

Adversely Affect Safety.

The equivalent level of safety established by § 91.7(a) will be maintained because prior to every flight,

Forensic Analysis & Engineering will ensure that the DJI Phantom 3 Professional 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 § 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, 1116, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of § 91.119(c) Would Not

Adversely Affect Safety.

The equivalent level of safety established by § 91.119(c) will be maintained because the DJI Phantom 3

Professional will not be flown closer to any Vessel, Structure, or Vehicle without prior authorization

from the owner.

Additionally, the DJI Phantom 3 Professional has automated hover capabilities which allow the DJI

Phantom 3 Professional to maintain position within ± 0.2m vertically and ± 1.5m horizontally.

The FAA has previously granted relief from § 91.119(c) 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, 11111, 11112, 11136, 11188, 11208, 11213, 11437, 11508, 11671)

6. Reasons Why An Exemption From The Requirements Of § 91.121 Would Not

Adversely Affect Safety.

The equivalent level of safety established by § 91.121 will be maintained because the altitude

information of the DJI Phantom 3 Professional UA will be provided to the PIC via GPS equipment

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

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

& Engineering’s operation of the DJI Phantom 3 Professional UA within visual line of sight, at or

below 500 feet AGL, will ensure a level of safety equivalent to § 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 § 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).

7. Reasons Why An Exemption From The Requirements Of § 91.151(b) Would Not

Adversely Affect Safety.

18 | 23
19 | 23

A grant of this exemption would ensure an equivalent level of safety established by § 91.151(b) as a

result (1) the technical specifications of the DJI Phantom 3 Professional UAS; (2) the limitations on

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

Forensic Analysis & Engineering will ensure that it will safely operate the battery powered DJI

Phantom 3 Professional UA during daylight hours in VFR conditions, with enough battery power to

fly for a total duration of 13 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 5 minutes.

Here the technical specifications of the DJI Phantom 3 Professional UAS; the limitations on the

proposed flight operations; and the location of the proposed operations, will ensure an equivalent

level of safety established by § 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3

Professional UAS provide audible and visual warnings to the PIC at the GCS when the UA

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 power,

the DJI Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning § 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 § 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has

previously granted relief from § 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, 1158, 11159, 11160, 11161).

8. Reasons Why An Exemption From The Requirements Of §§ 91.405(a), 91.407(a)(1),

91.409(a), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Forensic Analysis & Engineering submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established by §§ 91.405(a),

91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b) will be met because Forensic Analysis &

Engineering 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. Monthly Maintenance Log and DJI Phantom 3 Professional Instruction Manual).

Furthermore, Forensic Analysis & Engineering will document and maintain all maintenance records

for the DJI Phantom 3 Professional UAS.

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

Forensic Analysis & Engineering will maintain the equivalent level of safety established by §§

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

hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because Forensic Analysis &

Engineering 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.

19 | 23
20 | 23

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

91.407(a) and 91.407(b), because maintenance of the DJI Phantom 3 Professional 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 §§ 91.405(a), 91.407(a)(1),

91.409(a)(1) & (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 Forensic Analysis & Engineering’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional UAS, Forensic Analysis &

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

91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (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, 1106, 11067, 11080, 11109, 11110, 11112,

1113, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

9. 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, Forensic Analysis & Engineering requests that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 3 Professional 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. §§ 61.23(a), &

(c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(c)(2) & (3), 91.7 (a), 91.119(c), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (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. FAA Modernization and Reform Act of

2012 (FMRA) Section 333 sets forth the requirements for considering whether a UAS will create a

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

provides the authority for such UAS to operate without airworthiness certification in accordance with

any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for

operation of the DJI Phantom 3 Professional 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. § 21.16, entitled Special Conditions, stated 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 novel or unusual design feature of the aircraft, aircraft engine, or propellor, 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 propellor as the FAA finds necessary to

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

Therefore, in accordance with FAA Modernization and Reform Act of 2012 (FMRA) Section 333 and 14

C.F.R. § 21.16, the FAA may prescribe special conditions for Forensic Analysis & Engineering's

20 | 23
21 | 23

intended operation of the DJI Phantom 3 Professional UAS, which contains 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. §§ 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a),

61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a),

91.417(a) & (b).

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

Which Forensic Analysis & Engineering Seeks Exemption.

Forensic Analysis & Engineering seeks exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c),

61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a), 91.417(a) & (b).

G. A Brief Description Of The Nature Of The Exemption Forensic Analysis & Engineering

Seeks.

This exemption will permit Forensic Analysis & Engineering to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain

areas of the United States for forensic inspections.

H. Any Additional Information, Views, Or Arguments Available To Support Forensic Analysis

& Engineering’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

NS. As such, Forensic Analysis & Engineering’s request for exemption may be granted pursuant to

the authority of FAA Modernization and Reform Act of 2012 (FMRA) Section 333 and 14 C.F.R. Part

11, as set forth above.

The FAA Modernization and Reform Act of 2012 (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, Forensic Analysis & Engineering will operate the DJI Phantom 3

Professional 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, Forensic Analysis & Engineering 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 Professional UAS commercially, without an airworthiness certificate,

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

States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate

of the FAA Modernization and Reform Act of 2012 (FMRA), while also advancing the interests of the

public, by allowing Forensic Analysis & Engineering to safely, efficiently, and economically operate

the DJI Phantom 3 Professional UAS commercially within the NAS.

21 | 23
22 | 23

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

Reform Act of 2012, Section 333, Forensic Analysis & Engineering respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 61.23(a) &

(c) , 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) & (b), and permit Forensic Analysis & Engineering to

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

video and photography over certain areas of the United States for forensic inspections.

Dated: June 8, 2015

22 | 23
23 | 23

Respectfully submitted,

Chandler James Motley

____________________________

Forensic Analysis & Engineering

2503 58th Street Suite A

Hampton, VA 23661

757.265.9333

23 | 23