1

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

BRANDON COOK d.b.a. LONE DRONE

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS 

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

(a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF 

DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

 PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on October 14, 2015 

BRANDON COOK

142 Sunset Drive Murphy Texas 75094 

954 790 9783 

brandonc3d@gmail.com 
2

SUMMARY

BRANDON COOK seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

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

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

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

BRANDON COOK to operate an Unmanned Aircraft System (UA) for the commercial 

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

farmland, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

BRANDON COOK will provide his clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. 

BRANDON COOK has nearly 100 hours of recreational/hobby flying experience in 

aspects of aerial video and photography and formally educated in the discipline of digital 

filmmaking and camera techniques. The objective of BRANDON COOK and his aerial 

operations is to safely provide high quality imaging for a variety of commercial, public, 

and residential uses, specifically targeting:

• Agriculture 

• General aerial still photos 

• Wildlife population surveys

• Real Estate surveying

• Motion Picture Filming 

• Aerial inspections of public and private structures 

• Search and Rescue operations 

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UA

BRANDON COOK seeks an exemption to operate DJI systems for compensation or hire 

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

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

phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 

pounds while having a length of 16 inches, width of 16 inches, height of 8 inches, and a 

maximum speed of approximately 30 knots. The DJI Phantom 3 UA is equipped with 

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

The UA will be operated by BRANDON COOK 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. 
3

BASIS FOR PETITION

Petitioner, BRANDON COOK, 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 UA 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, BRANDON COOK’s operation of the DJI Phantom 

3 UA 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, BRANDON COOK 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. BRANDON 

COOK submits that the requested relief is proper since an equivalent level of safety will 

be ensured. BRANDON COOK will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UA using the methods, 

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

Maintenance Log, and DJI Instruction Manual). Furthermore, BRANDON COOK will 

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

BRANDON COOK seeks relief from Section 91.7(a), entitled Civil Aircraft 

Airworthiness, because the DJI Phantom 3 UA does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, BRANDON COOK

submits that he will ensure that the DJI Phantom 3 UA is in an airworthy condition, prior 

to every flight, by determining that the UA is in compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Instruction Manual), and that the 

aircraft is in a condition for safe flight. BRANDON COOK also seeks an exemption from 

the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UA

will not have a typical barometric altimeter onboard. However, altitude information of 

these said UA will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA

to the GCS for active monitoring of the flight path. This altitude information, combined 

with BRANDON COOK’s operation of the DJI Phantom 3 UA within visual line of 

sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 

91.121. 

Additionally, BRANDON COOK seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel Requirements for Flight in VFR Conditions. BRANDON COOK

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

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

(VFR), with enough battery power to fly for a total duration of approximately 17.5 

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

after that for at least 4.5 minutes. 
4

In accordance with 14 C.F.R. § 11.81, BRANDON COOK provides the following 

information in support of his petition for exemption 

Name And Address Of The Petitioner. 

BRANDON COOK

142 Sunset Drive Murphy Texas 75094

954 790 9783

brandonc3d@gmail.com

The Specific Sections Of 14 C.F.R. From Which BRANDON COOK Seeks 

Exemption.

1. BRANDON COOK 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. BRANDON COOK 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. BRANDON COOK 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; 
5

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

section, the current reported altimeter setting of an appropriate available station; or 

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

departure airport or an appropriate altimeter setting available before departure. 

4. BRANDON COOK 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. BRANDON COOK 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. BRANDON COOK 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. BRANDON COOK 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 
6

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

with part 21 of this chapter. 

8. BRANDON COOK 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. 
7

(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. 

The Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON 

COOK Seeks The Relief. 

1. Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON COOK

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 any passengers or property for 

compensation or hire. 

As set forth more fully below, BRANDON COOK 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, BRANDON COOK 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 

BRANDON COOK’s business; and (2) will not carry passengers or property for 

compensation or hire.

2. Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON COOK

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 BRANDON COOK to determine that the DJI Phantom 3 UA is in 
8

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

the operating documents (i.e., Monthly Maintenance Log and DJI Instruction Manual). 

BRANDON COOK seeks the requested relief because the DJI Phantom 3 UA does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, BRANDON COOK will ensure that the DJI Phantom 3 UA is in airworthy 

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

Maintenance Log, and DJI 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. 

3. Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON COOK

Seeks Relief From Section 91.121. 

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

operations of the DJI Phantom 2 UA, which utilizes 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 UA operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), BRANDON COOK seeks the requested 

relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet 

AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. As more fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 UA is equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will 

be established prior to each flight, and provides the PIC with altitude information of the 

UA on the heads-up display of the GCS. 

4. Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON COOK

Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel Requirements for Flight in VFR Conditions, 

is requested to the extent required to allow flights of the battery powered DJI Phantom 3 

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

rules (VFR), for a total duration of 17.5 minutes to the first point of intended landing and, 

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

COOK seeks the requested relief because without an exemption from Section 91.151(b), 

the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain 

the practicality of any aerial video or still photo flight operations that BRANDON COOK

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

technical specifications of the DJI Phantom 3 UA, and BRANDON COOK’s proposed 

operating limitations, ensure that BRANDON COOK will safely operate the battery 

powered DJI Phantom 3 UA during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total 

duration of 17.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. 
9

5. Extent Of Relief BRANDON COOK Seeks And The Reason BRANDON COOK

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, BRANDON COOK requests relief 

from these Sections because the DJI Phantom 3 UA does not require airworthiness 

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

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

BRANDON COOK will use trained technicians to perform maintenance, alterations, or 

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

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

Instruction Manual). Furthermore, BRANDON COOK will document and maintain all 

maintenance records for the DJI Phantom 3 UA. 

The Reasons Why Granting BRANDON COOK’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing BRANDON 

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

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

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

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

BRANDON COOK’s proposed operation of the DJI Phantom 3 UA will be realized 

without implicating any privacy issues. 

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

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

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. An 

exemption allowing the use of a DJI UA would reduce the number of manned aircraft in 

the NAS and 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 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 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 UA, 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 UA 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 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates 
10

noise pollution, as the UAs are propelled by battery-powered electric motors, rather than 

an internal combustion engine. By using the DJI UA 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 UA (weighing approximately 3 & 15 pounds and with a length of 16 

& 20 inches and widths of 16 inches and with no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 

feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI UAS Will 

Benefit The Economy. 

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

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

operation of the DJI Phantom 3 UA will allow United States based companies, like 

BRANDON COOK d.b.a. LONE DRONE, 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 UA is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as BRANDON COOK d.b.a.

LONE DRONE, 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 UA, 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, BRANDON COOK’s proposed operation of the DJI UA will not implicate any 

privacy issues. Specifically, the DJI UA will be operated only in compliance with 

operating documents (i.e., The Monthly Maintenance Log, and DJI 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. 

Rule From Which BRANDON COOK Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UA Meets The Conditions Of The FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333. 
11

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

unmanned aircraft and its operation, BRANDON COOK’s operation of the DJI Phantom 

3 UA meets the conditions of FMRA Section 333, and will not require an airworthiness 

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

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

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

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

FMRA Section 333 states the following, in part: 

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

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

Transportation shall determine if certain unmanned aircraft systems may operate safely 

in the national airspace system before completion of the plan and rulemaking required by 

section 332 of this Act or the guidance required by section 334 of this Act. 

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

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

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

weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create a hazard to users 

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

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

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

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

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

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

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

in the national airspace system. 

In seeking this exemption, BRANDON COOK 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 UA; (b) the pilot certification requirement; and (c) 

the specific operating limitations. 

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

and flight control software is provided at DJI WEB SITE 

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

(b) Would Not Adversely Affect Safety. 

BRANDON COOK 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 
12

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 BRANDON COOK’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical 26 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, BRANDON 

COOK submits that the additional manned airmanship experience of a commercially 

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

COOK’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, etc.). 

BRANDON COOK will not allow any PIC to operate the DJI Phantom3 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 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 BRANDON COOK’s proposed operations. The Administrator has 27 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 
13

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 flighthour 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, BRANDON COOK will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 UA 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 UA in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

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

Not Adversely Affect Safety. 

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

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

equipment and a radio communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with BRANDON COOK’s operation of the DJI Phantom 3 UA

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 UA, 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). 

3. 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, BRANDON COOK will ensure that it will 
14

safely operate the battery powered DJI UA during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 17.5 minutes to the first point of 

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

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

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 UA provides 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 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 UA 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 

UA, 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). 

4. 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, BRANDON COOK 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 BRANDON COOK will use trained technicians to perform maintenance, 

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

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

DJI Instruction Manual). Furthermore, BRANDON COOK will document and maintain 

all maintenance records for the DJI UA. Since the DJI UA will be inspected as prescribed 

by the operating documents, BRANDON COOK 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 User Manual is attached hereto as Appendix A; a copy of the DJI Phantom 3 UAS

Maintenance LOG is attached hereto as Appendix B. 

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

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

maintenance on the UA 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), 
15

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 UA are considered. 

In consideration of BRANDON COOK’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS, BRANDON COOK

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 UA 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). 

Any Additional Information, Views, Or Arguments Available To Support 

BRANDON COOK’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, Bandon Cook’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, Brandon Cook 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, BRANDON COOK 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 
16

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 

BRANDON COOK d.b.a. LONE DRONE to safely, efficiently, and economically 

operate the DJI Phantom 3 UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, BRANDON COOK 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 BRANDON COOK

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: October 14th, 2015 

Respectfully, 

Brandon Cook