UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

 TALIESIN BLACK-BROWN

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 

UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on February 8, 2016

Taliesin Black-Brown

3052 McDonald Avenue NE

Bainbridge Island, WA, 98110

206-890-5583

taliesin.bb@gmail.com
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS ......3

SUMMARY ... 4

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

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TALIESIN BLACK-BROWN

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

THE EXTENT OF RELIEF TALIESIN BLACK-BROWN SEEKS AND THE REASON 

TALIESIN BLACK-BROWN SEEKS THE 

RELIEF.....................................................................................................................10

THE REASONS WHY GRANTING TALIESIN BLACK-BROWN’S REQUEST WOULD 

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................30

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT TALIESIN BLACK-BROWN 

REQUEST..............................................................30

CONCLUSION........................................................................................................................31

APPENDICES.......................................................................................................32
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions
VTOL Vertical Takeoff and Landing
SUMMARY

Taliesin Black-Brown 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 Taliesin Black-Brown to operate an 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

Taliesin Black-Brown provides his clients with photography and video services of properties and 

buildings for the purpose of advertising and promotion. The objective of Taliesin Black-Brown 

and his aerial operations is to provide high quality imaging for a variety of commercial, public, 

and residential uses, specifically targeting:

Residential Construction

Real-estate marketing

Resort property marketing

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS

Taliesin Black-Brown 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 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 

inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 3 UA is equipped with four main rotors; driven by Lithium Polymer battery powered 

electric motors.

BASIS FOR PETITION
Petitioner, Taliesin Black-Brown, pursuant to the provisions of the Federal Aviation 

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

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

and 91.417(a) & (b).

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

unmanned aircraft and its operation, Taliesin Black-Brown’s operation of DJI Phantom 3 UAS 

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

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

Accordingly, Taliesin Black-Brown 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.

Taliesin Black-Brown submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Taliesin Black-Brown will use experienced personnel or technicians to 

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

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

Log, and DJI Phantom 3 Instruction Manual). Furthermore, Taliesin Black-Brown will document 

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

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

and limitations: Pilot in command, is requested by Taliesin Black-Brown to the extent 

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

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

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

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

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

structures.
Taliesin Black-Brown seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. As such, Taliesin Black-Brown submits that he will ensure that the 

DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the 

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

Phantom 3 Instruction Manual), and that the aircraft are in a condition for safe flight. He will 

utilize the preflight instructions provided by DJI to ensure airworthiness checks prior to each 

flight.

Taliesin Black-Brown also seeks an exemption from the requirements of Section 91.121, entitled 

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

onboard. However, altitude information of the DJI Phantom 3UA 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 Taliesin Black-Browns operation of the DJI Phantom 3 UAS within 

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

91.121.

Additionally, Taliesin Black-Brown seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Taliesin Black-Brown 

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

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

enough battery power to fly for a total duration of approximately 14.5 minutes to the first 

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

4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Taliesin Black-Brown 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:

Taliesin Black-Brown

5350 McDonald Avenue NE

Bainbridge Island, WA, 98110

206-890-5583
taliesin.bb@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Taliesin Black-Brown Seeks 

Exemption.

1. Taliesin Black-Brown 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:

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.

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

connection with any business or employment if—

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

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

2. Taliesin Black-Brown Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

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

3. Taliesin Black-Brown 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--

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

100 nautical miles of the aircraft;
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

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. Taliesin Black-Brown 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. Taliesin Black-Brown 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. Taliesin Black-Brown 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. Taliesin Black-Brown 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 --

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

An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

8. Taliesin Black-Brown 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--

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

work performed; and

The date of completion of the work performed; and
The signature, and certificate number of the person approving the aircraft 

for return to service.

Records containing the following information:

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

each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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.

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.

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.

The owner or operator shall retain the following records for the periods 

prescribed:

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.

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.
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 Taliesin Black-Brown Seeks And The Reason Taliesin 

Black-Brown Seeks The Relief.

1. Extent Of Relief Taliesin Black-Brown Seeks And The Reason Taliesin Black-Brown 

Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire.

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

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

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

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

hire.

As set forth more fully below, Taliesin Black-Brown submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate DJI Phantom 3 UAS unless that PIC 

has met certain flight-hour and currency requirements, demonstrating that the PIC is able to 

safely operate 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, Taliesin Black-Brown 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 Taliesin Black-Brown 

business; and (2) will not carry passengers or property for compensation or hire.
2. Extent Of Relief Taliesin Black-Brown Seeks And The Reason Taliesin BlackBrown 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 Taliesin Black-Brown to determine that the DJI Phantom 3 UAS are in 

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

operating documents (i.e., Taliesin Black-Brown’s Aerial Operations Manual, Monthly 

Maintenance Log, and the DJI Phantom 3 Instruction Manual).

Taliesin Black-Brown seeks the requested relief because the DJI Phantom 3 UAS do not require 

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

Black-Brown will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its 

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

Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition 

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

3. Extent Of Relief Taliesin Black-Brown Seeks And The Reason Taliesin BlackBrown Seeks Relief From Section 91.121.

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

the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC at the 

ground control station (GCS). Since the FAA requires that any altitude information concerning UAS 

operations be reported to air traffic control (ATC) in feet above ground level (AGL), Taliesin 

Black-Brown seeks the requested relief because the DJI Phantom 3 UAS’s altimeter may be 

set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, 

before each flight.

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

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the DJI 

Phantom 3 UAs 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 Taliesin Black-Brown Seeks And The Reason Taliesin BlackBrown 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 14.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. Taliesin Black-Brown 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 Taliesin Black-Brown proposes to conduct pursuant to 

this Petition.

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

Phantom 3 operating documents, and Taliesin Black-Brown’s proposed operating limitations, 

ensure that Taliesin Black-Brown 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 14.5 minutes to the first point of intended 

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

5. Extent Of Relief Taliesin Black-Brown Seeks And The Reason Taliesin Black-Brown 

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, Taliesin Black-Brown requests relief from these 

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

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

operation without an airworthiness certificate. Accordingly, Taliesin Black-Brown will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs using 

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

Taliesin Black-Brown’s Aerial Operations Manual, Monthly Maintenance Log, and the DJI 
Phantom 3 Instruction Manual). Furthermore, Taliesin Black-Brown will document and maintain 

all maintenance records for the DJI Phantom 3 UAS.

D. The Reasons Why Granting Taliesin Black-Brown 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 Taliesin Black-Brown to 

safely, efficiently, and economically perform aerial video and photography of real estate, and 

landscape over certain areas of the United States.

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

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

Black-Brown’s proposed operation of the DJI Phantom 3 UAS will be realized without 

implicating any privacy issues.

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

The DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical 

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

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

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

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

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

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

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

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

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

flight operations.

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

UAS.

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

greatly benefit the public by drastically reducing the levels of air
and noise pollution generated during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI Phantom 3 UAS produces no 

air pollution, and is the most viable environmentally conscious alternative to the cabin class, 

six cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The 

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

noise pollution, as the UA is propelled by battery powered electric motors, rather than an 

internal combustion engine.

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

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

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

lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UA (weighing 

approximately 6 pounds 7.5 ounces respectively, at its maximum gross weight with a length of 

17.3 inches respectively, a width of 17.7 inches respectively, and with no fuel on board), has 

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

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

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

fuel capacity of 180 gallons).

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

UAS Will Benefit The Economy.

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

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

Phantom 3 UAS will allow United States based entrepreneurs and companies, like Taliesin 

Black-Brown(’s), to remain competitive and contribute to growth of the U.S. economy. 

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 3 UAS, companies such as Taliesin Black-Brown’s, can remain 

competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 
performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a 

stable workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and allows companies to invest in research and development in order to remain 

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

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

Taliesin Black-Brown’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy 

issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating 

documents (i.e., Taliesin Black-Brown’s Aerial Operations Manual, Monthly Maintenance Log, and 

the DJI Phantom 3 Instruction Manual) which requires property owner involvement and permission to 

videotape/photograph as well as local law enforcement notification, and in accordance with the 

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

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

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided 

By The Rule From Which Taliesin Black-Brown Seeks Exemption.

1. Reasons Why The DJI Phantom 3 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, Taliesin Black-Brown’s operation of the DJI Phantom 3 

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

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

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

forth requirements for considering whether a UAS will create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 

states the following, in part:

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.

Assessment of Unmanned Aircraft Systems.--In making the determination under 

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

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

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).

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, Taliesin Black-Brown submits that the DJI Phantom 3 UAS can operate 

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the 

DJI Phantom 3 UAS;

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

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

Characteristics.

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

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

i. Technical Specifications Of The DJI Phantom 3 UAS.

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

Manual, attached hereto as Appendix A.

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

To Remain Within A Defined Operational Area.

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

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

provided at pages 12-16 and 45-50 of the DJI Phantom 3 User Manuals, attached hereto as 

Appendix A.

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Home Point Or Hover 

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

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

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

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

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

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 are described on pages 13 

through 15 of the DJI Phantom 3 User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 GCS And Its Operation.

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

control software is provided at pages 40 through 47 of the DJI Phantom 3 User Manual. The DJI 

Phantom 3 User Manual is attached hereto as Appendix A.
b. Flight Operations Of the DJI Phantom 3 UASs Are Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

Taliesin Black-Brown will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist in flights.

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

Operating Limitations.

In seeking this exemption, Taliesin Black-Brown proposes to commercially operate DJI 

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

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

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 55 

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

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

amend this grant.

UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial video and photography.

 3. The UAs may not be flown at an indicated airspeed exceeding 20 

knots.

The UA must be operated at an altitude of no more than 500 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be 

in feet AGL.
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.

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

permitted.

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

the VLOS requirement as long as the PIC always maintains VLOS

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

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

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

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

functions prescribed in the operating documents.

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.

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

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

between the conditions and limitations contained in the grant of exemption and the 

procedures outlined in the operating documents, the conditions and limitations contained 

in the grant of exemption take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator’s responsibility to track such 

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

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

extension or amendment to the grant of exemption. If the operator determines that any 
update or revision would affect the basis upon which the FAA granted the exemption, then 

the operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

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

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

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

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

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

alterations must be properly documented in the aircraft records.

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

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

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

make an entry in the aircraft records.
The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

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

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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.

Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

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

taken against discrepancies discovered between inspections.

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

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

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

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

and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours must be logged in a 

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the 
operator’s PICs are permitted under the terms of the exemption. However, training 

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

proficiency, and experience-building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA with 

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

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

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

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

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

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

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

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

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

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.

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.

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

emergencies in accordance with the operating documents.

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

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

intended landing point and land the UA with 25% battery power remaining.
The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class 

of airspace, altitude level and potential transponder requirements.

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

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

as large as practicable.

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

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

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

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

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

enforcement official upon request.

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

and activities at all times.

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

Barriers or structures are present that sufficiently protect nonparticipating 

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

accident. The operator must ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating persons 

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

cease immediately and/or;

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;

Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a).

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

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

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

conducted.

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.

Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

Taliesin Black-Brown submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

UASsunless 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 Taliesin Black-Brown’s proposed area of operations, and the operating limitations 

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

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills 

necessary to safely operate the DJI Phantom 3 UAS, Taliesin Black-Brown submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Taliesin Black-Brown’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).

Taliesin Black-Brown will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour requirements or theDJI 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 Taliesin Black-Brown’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows:

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

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

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

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

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

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

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

FAA considers these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be
included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 

25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 

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

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

experience that was obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be conducted 

under the grant of exemption to accomplish the required flight time. During training, 

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

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

Exemption No. 11138 at page 15.

Accordingly, Taliesin Black-Brown will ensure safe operations by not allowing any PIC to operate 

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a 

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

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

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety.

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

every flight, Taliesin Black-Brown will ensure that the DJI Phantom 3 UAS is in an airworthy 

condition based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein.

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

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

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

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

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

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

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

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

Taliesin Black-Brown’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 UASs at ground level.

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

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) 

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

operations. Accordingly, Taliesin Black-Brown will ensure that it will safely operate the battery 

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

power to fly for a total duration of 14.5 minutes to the first point of intended landing and, 

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

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UASs the 

limitations on the proposed flight operations; and the location of the proposed operations, will 

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the DJI Phantom 3 UAS provides audible and visual warnings to the 
PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at 

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

power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

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

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

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

8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Taliesin Black-Brown 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 

Taliesin Black-Brown will use trained technicians to perform maintenance, alterations, or 

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

prescribed in the operating documents (i.e., Taliesin Black-Brown’s Aerial Operations Manual, 

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

Black-Brown will document and maintain all maintenance records for the DJI Phantom 3 UAS.

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

Taliesin Black-Brown will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User 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 Taliesin Black-Brown will 

use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents.
Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 UAS 

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

utilizing the monthly maintenance log.

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

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

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

In consideration of Taliesin Black-Brown ’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 UAS, Taliesin Black-Brown submits that safety will 

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) 

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to 

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

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

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

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

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

14 C.F.R. § 21.16 entitled Special Conditions, Taliesin Black-Brown requests that the FAA 

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

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

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

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

91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited 

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

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

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

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel 
or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states 

the following:

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

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

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

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

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

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

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

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, 

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

of safety equivalent to that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

Which Taliesin Black-Brown Seeks Exemption:

Taliesin Black-Brown seeks exemption from the requirements of 14 C.F.R Sections 

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

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

A Brief Description Of The Nature Of The Exemption Taliesin Black-Brown 

Seeks:
This exemption will permit Taliesin Black-Brown to commercially operate an 

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

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support Taliesin BlackBrown’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, Taliesin Black-Brown’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, Taliesin Black-Brown 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, Taliesin Black-Brown seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the 

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

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

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests 

of the public, by allowing Taliesin Black-Brown 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, Taliesin Black-Brown, respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 
91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 UAS commercially for 

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

Respectfully Submitted on February 8, 

2016

Taliesin Black-Brown

3052 McDonald Avenue NE

Bainbridge Island, WA, 98110

206-890-5583

taliesin.bb@gmail.com
Appendices:

A – DJI Phantom 3 Specifications Data Sheet

B – Monthly Maintenance Log

C- DJI Phantom Users Guide

APPENDIX – A

DJI Phantom 3 TECHNICAL SPECIFICATIONS

Taliesin Black-Brown only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set to 

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

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

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

DJI Inspire 1

Aircraft

Model – Phantom 3

Weight (Battery Included) – 1280 grams

Hovering Accuracy (GPS Mode) – Vertical: +/- 10cm; Horizontal:

+/-1m

Max Angular Velocity –Yaw: 200/s

Max Tilt Angle - 35

Max Ascent Speed – 5m/s

Max Descent Speed – 3m/s

Max Speed – 16m/s (ATTI mode, no wind – NOT RECOMMENDED)

Max Flight Altitude – 6000m

Max Flight Time – Approximately 23 minutes

Motor Model – DJI 3510

Propeller Model – DJI 1345

Operating Temperature Range – 14F to 104F (-10C to 40C)

Dimensions – 17 1⁄4” x 17 3⁄4” x 12”
Gimbal

Model – ZENMUSE X3

Output Power (with camera) – Static: 9W; In Motion: 11W

Operating Current – Static: 750mA; In Motion: 900mA

Angular Vibration Range - ±0.03

Mounting – Detachable

Controllable Range – Pitch: -90 to +30; Pan: ±320

Mechanical Range – Pitch: -125 to 45; Pan: ±330

Max Controllable Speed – Pitch: 120/s; Pan: 180/s

Camera

Name – Sony EXMOR

Model – 12.4M Pixel

Total Pixels – 12.4M

Effective Pixels – 12.76M

Image Max Size – 4000x3000

ISO Range – 100-3200

Field of View - 94

CMOS – Sony EXMOR 1/2.3”

HD Video Recording – UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 

1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60

Operating Temperature Range - 32F - 104F (0C - 40C)

Transmitter

Name – C1

Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz

Communicating Distance (unobstructed) – 2000m

Output Power – 9W

Operating Temperature Range - 14F to 104F (-10C to 40C)

Battery – 600mAh LiPo 2S

PAGE 

PAGE 27