UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

**IN THE MA**

**TTER OF THE PETITION FOR EXEMPTION OF: TA**  **LIESIN BLA CK**  **- BROWN**  **FOR A N EXEMPTION SEEKING RELIEF FROM THE REQU**  **IREMENTS OF**

**TI TLE 14 OF THE CODE OF FEDERA**  **L 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), A ND 91.417(a) & (b) CONCERNING COMMERCIA**  **L OPERA TION OF DJI Phantom 3**  **UNMA NNED A**  **IRCRA FT** **SYSTEM PURSUA**  **NT TO SECTION 333 OF THE F**  **AA MODERNIZATION A**  **ND REFORM A CT OF 2012** 

**(PUBLIC LA**

**W 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**TA BLE OF CONT**  **ENTS** Page

GLOSSARY OF ABBREVIATIONS 

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SUMMARY 

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INTRODUCTION AND INTERESTS OF PETITIONER 

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

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

NAME AND ADDRESS OF PETITIONER...............................................................................6 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM W HICH TALIESIN BLACK- BROW N SEEKS EXEMPTION...................................................................................................7 THE EXTENT OF RELIEF TALIESIN BLACK- BROW N SEEKS AND THE REASON TALIESIN BLACK- BROW N SEEKS THE RELIEF.....................................................................................................................10 THE REASONS WH Y GRANTING TALIESIN BLACK- BROW N’S REQUEST WO ULD BE IN THE PUBLIC INTEREST ......................................... .....13 THE REASONS WH Y GRANTING THE EXEMPTION W OULD 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- BROW N REQUEST..............................................................30 CONCLUSION................................................................................ ........................................31 APPENDICES.......................................................................................................32**GLOSSA RY OF A**  **BBREVIA TIONS**  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 No tice 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 VM C Visual Meteorological ConditionsVTOL Vertical Takeoff and Landing**SUMMA RY** 

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 com mercial purpose of conducting aerial video and photography of real estate, and landscape over certain areas of the United States.

**INTRODUCTION A ND 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

**BA CKGROUND**  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.

**BA SIS 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 commercial ly 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 airworth iness 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 maintenanc e 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 pe rform 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 w ill 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, wh ich 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 Phanto m 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 cruisin g 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 A**  **nd Ad**  **dress 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 - 5583taliesin.bb@gmail.com

**B. The Specific Sections Of 14 C.F.R. From Which Taliesin Black -**  **Brown Seeks Exemption.**  **1. Taliesin Bl ack**  **- Bro** **wn Seeks Exemption From The Requirements Of Section 61.113(a) An**  **d (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 pr ivate 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 -**  **Bro wn See**  **ks 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 -**  **Bro wn Seek** **s 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, a s 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 as tation 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 alti meter setting available before departure.

**4. Taliesin Black -**  **Bro wn 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 min utes.

**5. Taliesin Black -**  **Bro wn**  **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 t his 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 -**  **Bro wn 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 -**  **Bro wn Seeks Exemption From The Requirements Of Sections**  **91.409(a)(1) A nd 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 t his chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or An inspection fo r the issuance of an airworthiness certificate in accordance with part 21 of this chapte r. **8. Taliesin**  **Black -**  **Bro wn**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.417(a) A** **nd 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, progress ive, 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 t he work performed; and The date of completion of the work performed; andThe signature, and certificate number of t he 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 sh all 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**  **- Brow**  **n Seeks**  **An d**  **The Reason**  **Taliesin Black**  **- Bro** **wn Seeks The Relief.**

**1. Extent Of Relief Taliesin Black -**  **Bro wn Seeks A**  **nd The Reason Taliesin Black -**  **Bro wn**  **Seeks Relief From Section 61.113(a) A nd (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 medic al 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 priva te 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 compensatio n 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) wil l not carry passengers or property for compensation or hire.**2. Extent Of Relief Taliesin Black -**  **Bro wn Seeks A**  **nd The Reason Taliesin Black**  

** Brown Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is reque sted 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 O perations Manual, Monthly Ma intenance 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 furt her, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief Taliesin Black -**  **Bro wn Seeks A**  **nd The Reason Taliesin Black**   ** Brown 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 U A 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 beca use 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 sou ght 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 an d 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 -**  **Br ow**  **n Seeks A nd The Reason Taliesin Black**  ****

**Brown 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 Phan tom 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 m inutes. 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 opera ting 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 durat ion 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 -**  **Bro wn Seeks A**  **nd The Reason Taliesin Black -**  **Bro wn**  **Seeks Relief From Sections 91.4 05(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A**  **nd 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 S ections 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 - B rown 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, Mont hly Maintenance Log, and the DJIPhantom 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 Publi c**  **Interest; That Is, Ho w It Would Benefit The Public A**  **s 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, a nd 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 propos ed 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 NA S.**  The DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alte rnative 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 d eparting 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 A**  **nd Efficiency**

**Of The DJI Phantom 3 UA** **S.** Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of airand 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 e ngine. 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 A erial Video and Photography**  **Operations With The DJI Phantom 3 UA** **S Will Benefit The Economy .**  In addition to being safe and effic ient, 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 compan ies 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 su ch 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 employe es and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financialperformance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a

stable workforce that increases consumer spending; improves lo cal, 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 A re No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operati ons 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., T aliesin 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 accord ance 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 A dversely**  **A ffect Safety**  **, Or How** **The Exemption Would Provide A Level Of Safety** 

**A t Least Equa**  **l To That Provided By**  **T he Rule From Which Taliesin Black**  **- Brown Seeks Exemption.**  **1. Reasons**  **Why**

**T he**  **DJI Phantom**  **3 UA**  **M eet**  **The Conditions**  **Of The**  **FA A**  **Modernization and Reform A ct of 2012 (FMRA** **) Section 333.** In consideration of the size, weight, speed, and li mited 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 na tional 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 rulemakingrequired by section 332 of this Act or the guidance required by section 334 of this Act. Assessm ent of Unmanned Aircraft Systems. -- In ma king the determination under subsection (a), the Secretary shall determine, at a minim um -- 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 haz ard 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 airwort hiness 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 cer tain 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**  **UA S**  **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 operationalcapability.

**i. Technical Specifications Of The DJI Phantom 3 UA S.**  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 UA S’s A**  **utonomous Flight An**  **d Navigation Modes Enable The UA S**  **To Remain Within A**

**Defined Operational A rea.**  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 i s 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 UA S Is Designed For A**  **utomatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  Wh en the Con trol 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 A nd 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 Ma nual. The DJI Phantom 3 User Manual is attached hereto as Appendix A.**b. Flight Operations Of the DJI Phantom 3 UA Ss A** **re 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 UA S 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 exceed ing 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- issu ed airman medical certificate.

The use of

f irst 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 main tains 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 bas ed 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, t he 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 anyupdate or revision would affect the basis upon which the FAA granted t he 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 P IC 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 maintenanc e 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/co mponent, 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, alterati ons, 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 third class 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 man ner 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 theoperator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training, proficien cy, 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 operat ions. 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 opera ted 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 pre determined location within the p lanned operating area and land or be recovered in accordance with the operating documents.

The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents. The PIC is prohibited from beginni ng 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 Organizatio n (ATO) issued Certificate of Wa iver 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 (N Number) 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 o perator 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 n ot 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 th e 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 NationalTransportation Safety Board (NTSB) per instr uctions contained on the NTSB W eb site: www.ntsb.gov.

**Reasons Why** 

**A n**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) A nd (b) Would Not A** **dversely A**  **ffect 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 i n 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 limit ations 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 Blac k - 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 rel ief 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 P IC is able to safely operate the DJI Phantom 3UAS 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 a ccumulated 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 compl iance 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 wo uld 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 consisten t 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 h ours 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 beincluded 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 purpose s). 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 documen ted 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 ti me. 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 op erations 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 exemp tion, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**3. Reasons Why**

**A n Exemption From The Requirements Of Section 91.7(a)**  **Would Not A dversely**  **A ffect 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 st ated 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 A**  **n Exemption From The Requirements Of Section 91.121 Would Not A** **dversely A** **ffect Safety .**  The equivalent level of safe ty 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 mon itoring 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. Th e 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 9 1.121 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**

**A n Exemption From The Requirements Of Section**  **91.151(b) Would Not A dversely**  **A ffect 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 sp ecifications 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 Exempti on 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). Furth ermore, safety will be ensured as the DJI Phantom 3 UAS provides audible and visual warnings to thePIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at

approximately 33% remaining battery power, and again at approxim ately 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. Moreo ver, 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, 1 1109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**6. Reasons Why**

**A n Exemption From The Requirements Of Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b) Would Not**  **Ad versely** 

**A ffect 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 Ae rial 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 t he 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), 91.4 09(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, 111 53, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA**

**May Prescribe A**  **ny**

**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, Tal iesin 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 establish ed 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 Administ rator 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 novelor unusual des ign 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 Sect ion 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, wh ich 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 certai n areas of the United States.

**• A ny**  **A dditional Information, Vie** **ws , Or A** **rguments A vailable To Support**  **Taliesin Black**   ** Brown** **’s Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Se cretary 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 fo rth 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 here in, 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, fo r 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 Mo dernization 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), 91.4 07(a)(1), 91.409(a)(1) & (a)(2), and91.417(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.comAppendices :

A

– DJI Phantom 3 Specifications Data Sheet B

– Monthly Maintenance Log C - DJI Phantom Users Guide

APPE NDIX

– A

**DJI Phantom 3 TECHNICA L SPECIFICA**  **TIONS** 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 sof tware 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 We ig ht (Battery Included)

– 1280 grams Hovering Accuracy (GPS Mode)

– Vertical: +/- 10cm; Horizontal: +/- 1m Ma x Angular Velocity

–Yaw: 200 /s Ma x Tilt Angle - 35 Ma x Ascent Speed

– 5m/s Ma x Descent Speed

– 3m/s Ma x Speed

– 16m/s (ATTI mode, no wind

– NOT RECOMMENDED) Ma x Flight Altitude

– 6000m Ma x Flight Time

– Approximately 23 minutes Motor Model

– DJI 3510 Propel ler Model

– DJI 1345 Operating Temperature Range

– 14 F to 104 F ( - 10 C to 40 C) Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”Gimbal Model

– ZENMUSE X3 Output Power (with camera)

– Static: 9W; In Motion: 11 W 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 Ma x Controllable Speed

– Pitch: 120 /s; Pan: 180 /s Camera Name

– Sony EXMOR Model

– 12.4M P ixel Total Pixels

– 12.4M Effective Pixels

– 12.76M Image Max Size

– 4000x3000 ISO Range

– 100 - 3200 Field of View - 94 CM OS

– 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 - 32 F - 104 F (0 C - 40 C) Transmitter Name

– C1 Operating Frequency

– 5.728 - 5.850GHz; 2.400 - 2.483GHz Communicating Distance (unobstructed)

– 2000m Output Power

– 9W Operating Temperature Range - 14 F to 104 F ( - 10 C to 40 C) Battery

– 600mAh LiPo 2S 

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