1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**BRANDON COOK d.b.a.**  **LONE DRONE**

**FOR AN EXEMPTION SEEKING RE LIEF 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 AIRC**  **RAFT SYSTEMS**

**PURSUANT TO SECTION 333 OF**

**THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112** 

**- 95)** 

**Submitted on October 14**  **, 2015**

BRANDON COOK

142 Sunset Drive Murphy Texas 75094

954 790 9783 brandonc3d@gmail.com2 **SUMMA RY** 

BRANDON COOK seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the

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

BRANDON COOK to operate an Unmanned Aircraft System ( UA ) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, farmland, and landsc ape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

BRANDON COOK will provide his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness.

BRA NDON COOK has nearly 100 hours of recreational/hobby flying experience in aspects of aerial video and photography and formally educated in the discipline of digital filmmaking and camera techniques . The objective of BRANDON COOK and his aerial operations i s to safely provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Agriculture

• General aerial still photos

• Wildlife population surveys

• Real Estate surveying

• Motion Picture Filmi ng

• Aerial inspections of public and private structures

• Search and Rescue operations

**BACKGROUND** Unmanned Aircraft Systems : DJI Phantom 3 UA

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

within the NAS. The DJI Ph antom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 3 pounds while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 30 knots. T he DJI Phantom 3 UA is equipped with four main rotors, driven by Lithium Polymer battery powered electric motors.

The UA will be operated by BRANDON COOK wi ll be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.3 **BASIS FOR PETITION** Petitioner, BRA NDON COOK , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to c ommercia lly operate the DJI Phantom 3 UA in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, BRANDON COOK ’s operation o f the DJI Phantom

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

airwo rthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, BRANDON COOK requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for

maintenance tha t only apply to aircraft with an airworthiness certificate. BRANDON

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

be ensured. BRANDON COOK will use experienced personnel or technicians to perform maintenance, alt erations, or preventive m aintenance on the UA using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Instruction Manual). Furthermore, BRANDON COOK will

document and maintain all maintenan ce records for the DJI Phantom 3.

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

Airworthiness , becaus e the DJI Phantom 3 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, BRANDON COOK

submits that he will ensure that the DJI Phantom 3 UA is in an airworthy condition, prior to every flight, by determining that the UA is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Instruction Manual), an d that the aircraft is in a condition for safe flight. BRANDON COOK also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UA will not have a typical barometric altimeter onboard. However, altitud e information of

these said UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude informatio n, combined

with BRANDON COOK ’s operation o f the DJI Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, BRANDON COOK seeks an exemption from the requirements of Se ction 91.151(b), entitled Fuel Requirements for Flight in VFR Conditions

. BRANDON COOK submits that safety will not be affected by operation o f the DJI Phantom 3 UA during daylight hours in visual meteorological conditions (VMC) under visual flight rules ( VFR), with enough battery power to fly for a total duration of approximately 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.4 In accordance with 14 C.F.R. § 11.81, BRANDO N COOK provides the following information in support of his petition for exemption

**Name And Address Of The Petitioner.**

BRANDON COOK 142 Sunset Drive Murphy Texas 75094

954 790 9783 brandonc3d@gmail.com

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

**1. BRANDON COOK Seeks Exemption From The Requirements Of Section 61.113(a) And (b)** 

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

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

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraf t.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—

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

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

**2**

**. BRANDON COOK**  **Seeks Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil Aircraft Airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is i n an airworthy condition.

**3**

**. BRANDON COOK**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the crui sing altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

—

(1) Below 18,000 feet MSL, to

—

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

100 nautical m iles of the aircraft;5 (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a rad io, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4**

**. BRANDON COOK**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel Requirements for Flight in VFR Condi tions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at

least 20 minutes.

**5**

**. BRANDON COOK**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6**

**. BRANDON COOK**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration , subsection (a)(1), states the following:

(a) No person may operate a ny aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter.

**7**

**. BRANDON COOK**  **Seeks Exemption From The Requiremen ts Of Sections**  **91.409(a)(1) And 91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

– (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or6 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8**

**. BRANDON COOK**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance Records , subsections (a) and (b), state the following: (a) Except for work perfo rmed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the

100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

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

return to service.

(2) Records c ontaining the following information:

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

rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time s ince last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program u nder which the aircraft and its appliances

are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive

number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, pro pellers, and appliances.7 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or f or 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for

return to service.

**The Extent Of Relief BRANDON COOK**  **Seeks And The Reason BRANDON** 

**COOK Seeks The Relief.** 

**1. Extent Of Relief BRANDON COO**  **K Seeks And The Reason**  **BRANDON COOK Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a priva te 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 requeste d 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 emplo yment; and (2) The aircraft does not carry any passengers or property for compensation or hire. As set forth more fully below, BRANDON COOK submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Pha ntom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption,

in cluding evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, BRANDON COOK submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of thi s petition: (1) will be incidental to

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

**2 . Extent Of Relief**  **BRANDON COOK Seeks And The Reason**  **BRANDON COOK Seeks Relief From Section 91.7(a).** 

Relief from Secti on 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow BRANDON COOK to dete rmine that the DJI Phantom 3 UA is in8 airworthy condition prior to every flight by ensuring that the UA is in compliance with the operating d ocuments (i.e., Monthly Maintenance Log and DJI Instruction Manual).

BRANDON COOK seeks the requested relief because the DJI Phantom 3 UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, BRANDON COOK will ensure that the DJI Phantom 3 UA is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Instruction Manual) prior to every flight, and further,

determine that the aircraft is in condit ion for safe flight, as stated in the conditions and

limitations below.

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

**Seeks Relief From Section 91.121.** Relief from Section 91.121, entitled Altimeter Settings, may be required to allo w flight operations of the DJI Phantom 2 UA , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the F AA requires that any altitude information concerning UA operations be reported to air traffic control (ATC) in feet above ground level (AGL), BRANDON COOK seeks the requested

relief because the DJI Phantom 3 UA ’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Phantom 3 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the

UA on the heads

- up display of the GCS.

**4 . Extent Of Relief**  **BRANDON COOK Seeks And The Reason**  **BRANDON COOK Seeks Relief From Section 91.151(b).** 

Relie f 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 fli ght rules (VFR), for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. BRANDON

COOK seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial video or still photo flight operations that BRANDON COOK proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UA, and BRANDON COOK ’s proposed operating limitations, ensure that BRANDON COOK will safely operate the battery powered DJI Phantom 3 UA during daylight hours in visual meteorological conditio ns (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.9 **5 . Extent Of Relief**  **B RANDON COOK**  **Seeks And The Reason BRANDON COOK**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, BRANDON COOK requests relief

from these Sections because the DJI Phantom 3 UA does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UA meets the conditions of FMRA Section 333 for operatio n without an airworthiness certificate. Accordingly,

BRANDON COOK will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UA using the methods, techniques, and practices prescribed in the UA operating documents (i .e., the Monthly Maintenance Log, and DJI Instruction Manual). Furthermore, BRANDON COOK will document and maintain all

maintenance records for the DJI Phantom 3 UA

.

**The Reasons Why Granting BRANDON COOK**  **’s Request Would Be In The Public Interest; That I**  **s, How It Would Benefit The Public As A Whole.** Granting the present Petition will further the public interest by allowing BRANDON

COOK to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and la ndscape over certain areas of the United States.

Additio nally, use of the DJI Phantom 3 UA will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of

BRANDON COOK ’s proposed operation of the DJI Phantom 3 UA will be realized without implicating any privacy issues.

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

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

alternative to the ma nned aircraft traditionally utilized to obtain aerial imagery. An exemption allowing the use of a DJI UA would reduce the number of manned aircraft in the NAS and reduce noise and air pollution, as well as increase the safety of life and property in the ai r and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI UA does not require an airport to takeoff or land. Likewise, a r eduction 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**  **UA S** 

**.** Conducting aerial acquisitions with the DJI Phantom 3 UA , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated durin g traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI UA produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal

comb ustion 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 eliminat es10 noise pollution, as the UAs are propelled by battery

- powered electric motors, rather than an internal combustion engine. By using the DJI UA to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI UA (weighing approximately 3 & 15 pounds and wi th a length of 16 & 20 inches and widths of 16 inches and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operation s (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 UA**  **S Will**  **Benefit The Economy.**

In addition to be ing safe and efficient, the DJI Phantom 3 UA is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation o f the DJI Phantom 3 UA will allow United States based companies, like

BRANDON COOK d.b.a. LONE DRONE , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (EPA) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated comp anies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI UA is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexib ility without the high operational cost of a

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

LONE DRONE , can remain competitive and profitable, and therefore, provide greater job stability to employee s and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial

use of the DJI UA , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and

abroad.

**4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that hav e been conducted for decades, BRANDON COOK ’s proposed operation of the DJI UA will not implicate any privacy issues. Specifically, the DJI UA will be operated only in compliance with operating documents (i.e., The Monthly Maintenance Log, and DJI Instructi on Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

**Rule From Which BRANDON COOK**  **Se eks Exemption.** 

**1. Reasons Why The DJI Phantom 3 UA**  **Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.** 11 In consideration of the size, weight, speed, and limited operating area associated with the

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

3 UA meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UA to opera te without airworthiness certification and sets forth requirements for considering whether a UA will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely

in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination

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

—

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sig ht do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, BRANDON COOK submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 UA ; (b) the pilot certification requirement; and (c) the specific operating limitations.

A complete description of the operation and spec ifications of the DJI Phantom 3 GCS and flight control software is provided at DJI WEB SITE

**1. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety** 

.

BRANDON COOK submits that the equivalent level of safety es tablished by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI12 Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering BRANDON COOK ’s proposed area of operations, and the op erating

limitations set forth

- above; the parallel nature of private pilot aeronautical 26 knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UA S, BRANDON

COOK submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for BRANDON

COOK ’s specific proposed flight operations.

The FAA has previously granted re lief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, etc.).

BRANDON COOK will not allow any PIC to operate the DJI Phantom3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PI C 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 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 comp liance with applicable regulations will ensure an equivalent level of safety during BRANDON COOK ’s proposed operations. The Administrator has 27 held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent w ith 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 hour s 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 hour13 requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be incl uded 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, BRANDON COOK will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UA unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to sa fely operate the DJI

Phantom 3 UA in a manner consistent with the exemption, includin g evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

**2 . Reasons Why An Exemption From The Requirements Of Section 91.121 Would**  **Not Adversely Affect Safety.**

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

the altitude information of the DJI Phantom 3 UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the

UA to the GCS for active monito ring of the flight path and altitude. This altitude information, combined with BRANDON COOK ’s operation of the DJI Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specif ic to UA , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

**3 . Reasons**  **Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom

3 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, BRANDON COOK will ensure that it will14 safely operate the battery powered DJI UA during daylight hours in V FR conditions, with enough battery power to fly for a total duration of 17.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical spec ifications of the DJI UA

, the limitations on the proposed flight operations, and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI U A provides audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically lo w 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 lim itations of the UA are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 9 1.151 specific to

UA , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 111 58, 11159, 11160, 11161).

**4 . Reasons Why An Exemption From The Requirements Of Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.**  In seeking this exemption, BRANDON COOK submits that the equiv alent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because BRANDON COOK will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. The Monthly Maintenance Log and DJI Instruction Manual). Furthermore, BRANDON COOK will document and ma intain

all maintenance records for the DJI UA . Since the DJI UA will be inspected as prescribed by the operating documents, BRANDON COOK will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI User Manual is attached hereto as Appendix A; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix B. Likewise, the exemption sought will not adversely affect safety because BRANDON

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

maintenance on the UA using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Section s 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),15 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UA are considered.

In consideration of BR ANDON COOK ’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 UAS

, BRANDON COOK submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UA in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

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

**BRANDON COOK’s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Bandon Cook’ s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 1 1, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness

certification. As discussed in detail above, Brandon Cook will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.

**CONCLUSION** As set forth herein, BRANDON COOK seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, with out an airworthiness certificate, for the limited purpose of conducting aerial video and16 photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Moderniza tion and Reform Act of 2012, while also advancing the interests of the public, by allowing

BRANDON COOK d.b.a. LONE DRONE to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within the NAS.

**WHEREFORE,** in accordance with th e Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, BRANDON COOK respectfully requests that the Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61.113(a) & (b)

, 91.7(a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit BRANDON COOK to operate the DJI Phantom 3 UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United Stat es.

Dated: October 14 th , 2015

Respectfully,

Brandon Cook