UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN T**  **HE MAT**  **T E**  **R OF THE PETITION FOR EXEMPTION OF:** 

Ryan Joseph Cathey **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTI**  **ONS 6 1.113(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 O F**  **DJ I**  **PHANT OM**  3 PROFESSIONAL **UNMANNED AIRCRAFT**  **SYSTEM PURSUANT TO SECTION 333 OF**  **T HE**  **FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112-95)**

Submitted on M ay 8th , 2015 Ryan Joseph Cathey 440 East Route 66 Glendora, CA 91740 (951) 415-55942 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY................................................................................................ ...........................4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................................................................................................................... .4 BASI S FOR PETITION.........................................................................................................5 NAME AND ADDRESS OF PETITIONER.............................................................7 THE SPECI FI C SECTIONS OF 14 C.F.R. FR OM WHI CH Ry an J C athey SEEKS EXEMPTION...........................

. . . .... .................................... .. .. ..... ................8

THE EXTENT OF RELIEF R yan Joseph Cathey SEEKS AND THE REASON R yan Joseph Cathey SEEKS THE R ELIEF.........

. . .................................................11

THE REASONS WHY GR ANTING Ryan Joseph Cathey 's REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL Y AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUM ENTS AVAI LAB LE TO SUPPORT Ryan Joseph Cathey 's REQUEST..........................34

CONCL USION................................................................................................................... .35 APPENDI CES........................................................................................373 **GLOSSARY OF ABB REVIATIONS**  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 Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot I n 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**
R y an Joseph Cathey seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.1 21, 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit R yan Joseph Cathey to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of cond ucting aerial video and photograph y of construction sites, real estate, and landscape over c ertain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** R y an Joseph Cathey p rovides its clients with expertise and knowledge in advan ced
te ch n o lo g ies a nd solutions to increase efficiency , productivity and effectiveness. R y an Joseph Cathey has over 1 6 y ears of professional experience in Video Production and is recognized as an expert in C orporate Vid eo Production an d video pro ject management. He has over 3 ye ars recreational/hobby experience in all aspects of aerial video and
p hotography . The objective of R y an Jo sep h C ath ey 's aerial video and photog r aphy

o peration s is to provide h igh quality imaging for a variety of comme rcial, public, and

r esidential uses, specificall y targeting:

 Construction sit es before and after

 Appraisals

 Real

- estate marketing

 Motion Picture Filming

 Aerial acquisitions used fo r inspections of public and private structures.

 Search and Rescue operations5 **BACKGROUND** Unmanned Aircraft Sy stems: DJI Phantom 3 Professional UASs
R y an Joseph Cathey seeks an exemption to operate DJI syst ems for co mpen satio n

o r hire within the NAS. The DJI Phantom 3 Pr o f essional UASs are vertical takeof f and landing (VTOL) Unmanned Aircraft (UA) with a Ground Co ntr ol S tation (GC S) utilizin g electronic tablet or smart phone sy stems. The DJI Phanton 3 Professio n al h as a max imum
g ross weight of ap proximately 2 pounds 1 2 ounces, while having a length of 16 inches width of 16 inches, height o f 8 inches, and a maximum speed of appro x imately 29 knots. Th e DJI Phanton 3 Professional UAs are equipped with four main ro tors; driven by
L ithium Poly mer battery powered electric mo tors.

The DJ I Phantom 3 Professional UAs that will be operated b y R y an Joseph C athey will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identificatio n and Registration Marking

.

**BASIS FOR PETITION** Petitioner, Ryan Joseph Cathey , pursuant to the pro visions of the Federal Aviatio n Re gulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (F MRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , h ereb y petitions the Administrator to commerciall y opera te the DJ I Phan tom 3 Professional UASs in the National Airspace S ys tem (NAS), and for an exemption from the6

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 li mited operating area associated with the unmanned aircraft and its operation, Ryan Joseph Cathey op eration o f DJI Phanton 3 Professional UASs meets the conditions of FMRA Section 333 and therefore, wi ll not require an airworthiness certificate i n accordance with 14 C.F.R. Part 21, Subpart H

. Accordingl y, R

y an Joseph Cathey 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

r equirements for maintenance that onl y appl y to ai rcraft with an airworthiness certificate.
R y an Joseph Cathey submits that the requested relief is proper since an equivalent le v el o f safety will be ensured. Ryan Joseph C athey will use experienced personnel or technicians to p erform maintenance, alterations, or preventive maintenance on the UASs using the meth ods, techniques, and practices prescribed in the operating documents (i.e., Mo n thly Maintenance Log , and DJI Phanton 3 Professional Instruction Ma nual). Furthermor e, Ryan Josep h C athey will do cument and maintain all maintenance recor d s for the DJI Phanton 3 Pro fessional UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in comma nd , is requested by Ryan Joseph Cathey to the extent necessary to allow a Pilot in Command (PIC) not holding a certificate, or

an airman medical certificate, and who has demonstrated, by meeting minimum flight- ho ur and

cu rrency requirements, that the P IC is able to safely o p erate the DJI Phanton 3 Professional UASs in a manner consistent with this7

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
R yan Joseph Cathey seeks relief f ro m Section 91.7(a), entitled Civil a ircraft

a irworthiness , be cause the DJI Phanton 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Ryan Jo seph C athey submits that he will ensure that the DJI Phanton 3 Pr o fessional UASs are in an airworth y co n dition, prior to ev ery flight, b y deter minin g that the UASs are in compliance with the operating documents (i.e., Mo n th ly Maintenance Log, and DJI Phanton 3 Professional Instruction Manual) , an d that the aircraft are in a condition for safe f light.
R y an Joseph Cathey also seeks an exemption fr o m the requirements of Section 91.121, entitle d Altimeter Settings , as the DJI Phanton 3 Professional UAs will not have a
t y p ical barometric altimeter onboard. However, altitude information of the DJI Phan ton 3 Professional UAs will be provided to th e P I C v ia Global Position ing Sy stem (GPS) equipment and radio communicati ons telemetry d ata link, which d ownlinks from the UA to the GCS for active monito ring of the f light path. Th is altitude in for mation, combin ed with R y an Joseph C athey 's o p eration of the DJI Phanton 3 Professional UASs within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , Ryan Joseph Cathey seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Ryan Joseph C athey submits that safety will not be affected b y operation of the DJI Phanton 3 Professional UAs during day light hours in visual meteorological conditions (VMC)8

under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately

13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
I n accordance with 14 C.F.R. § 11.81, Ryan Joseph Cathey pr ov ides the following information in support of i ts petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is:
R y an Joseph Cathey 440 East Route 66 Glendora, CA 91740 Email: ryanjcathey@gmail .com

**B .**  **T he**  **Spec ific Sections Of**  **14 C.F.R. From W**  **hich** Ryan Joseph Cathey **Seeks** Exemption.

**1.** Ryan Joseph Cathey **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) p rescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carry ing passengers or propert y for compensation or hire; nor may

that person, for compensation or hir e, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carr y passengers or property for compensation or hire.

**2.** Ryan Joseph Cathey **Seeks Exemption From The Requirements Of Section**  **91.7(a).**9 Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a c ivil aircraft unless it is in an airworthy condition. **3.** Ryan Joseph Cathey **Seeks Exemption From The Requirements**  **Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4.** Ryan Joseph Cathey **Seeks Exemption From The Requirements**  **Of Sect**  **ion 91.151(b).**  Sectio n 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 fue l to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5.** Ryan Joseph Cathey **Seeks Exemption From The Requirement Of**  **Section 91.405(a).** 10 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 d iscrepancies repaired as prescribed in part 43 of this chapter[.] **6.** Ryan Joseph Cathey **Seeks Exemption From T**  **he Requirement s Of**  **Sectio n**  **9 1.407(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 b y a person authorized under § 43.7 of this chapter[.]
**7.** Ryan Joseph Cathey **Seeks Exemption From The Requirements**  **Of Sect**  **ions 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 b y a person authorized by § 43.7 of this chapt er; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8.** Ryan Joseph Cathey **Seeks Exemption From The Requirements**  **Of Sect**  **ions 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance rec ords , 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:11 (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, a nd appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cur

rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safe ty directives including, for each, the method of compliance, the AD or safet y 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 prescri bed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed.12 (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred wi th the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Exten t Of Relief**  Ryan Joseph Cathey **Seeks And The Reason** Ryan Joseph Cathey **Seeks The Relief. 1.**  **E x**  **t ent Of Relief**  Ryan Joseph Cathey **Seeks And The Reason** Ryan Joseph Cathey **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113( a) and (b) entitl ed Private pilot privileges and limitations: Pilot in command , is requested to the extent necessary to allow a PI C not h olding a ny pilot certificate, or a current and valid airman medical c ertificate, but who has met certain flight-h o u r an d cu r rency requirements, to conduct th e proposed UAS f light operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act a s PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Ryan Joseph Cath ey submits that an eq uivalent lev el of sa fet y will be maintain ed because no PIC will be allowed to operate the DJI Phanton 3 Professional UAS u nless that PIC has met certain f light -ho ur and currency requirements, d emonstrating that the PIC is able to safely o p erate the DJI Phanton 3 Professional in a

man n er consistent with the operations specifications as described i n this exemp tion , in cluding evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.13 Further, Ryan Joseph Cathey sub mits th at all flig hts of the DJI Phanton 3 Professional UASs, conducted b y th e PI C pursuant to the grant of this Petition: (1) will be incidental to Ryan Joseph Cathey 's business; and (2) will not carry passengers or propert y for compensation or hire. **2. E**  **x t**  **ent Of Relief** Ryan Joseph Cathey **Seeks And The Reason** Ryan Joseph Cathey **Seeks Relief From Section 91.7(a).** Relief from Section 91.7(a) entitled C ivil a ircraft airworthiness , is requested to the extent required to allow R y an Joseph Cathey to determine that the DJI Phanton 3 Professional UASs are in airworthy condition prior t o every flight by ensuring that the UAS is in compliance with the ope rating documents (i.e., the Ryan Joseph Cathey Aerial Operations Manual, Monthly Maintenance Log, and DJI Phanton 3 Professional Instruction Manual).
R y an Joseph Cathey seeks the requested relief because the DJI Phanton 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C

. F.R. Part 21, Subpart H. Therefore, Ryan Josep h Cathey will ensure that the DJI Phanton 3 Professional UASs are in air wo rth y condition based upon its compliance with t h e operating documents (i.e., Monthly Maintenance Log, and DJI Phanton 3 Professional Instruction Manu al) prior to ever y flig h t, an d f

u rther , d etermine that the aircraft are in condition for safe flight, as stated in th e conditions and limitation sbelow
E xtent **Of Relief** Ryan Joseph Cathey, Seeks From Section 91 .121.
Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operatio ns of the DJI Phanton 3 Professional UASs, which utilize a barometric
p r essure sen sor, GPS equipment, and a radio communications telemetry data link to d o wn link altitude information from the UA to the PIC at the ground control station14

(GCS). Since th e FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above groun d level (AGL), Ry an Joseph Cathey seeks the r eq u ested relief because the DJI Phanton 3 Pr of ession al UA’s altimeter may be set on the ground to zero feet AGL , rather than the local barometric p ressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 9 1

. 121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more f ull y set forth herein, an equivalent level of saf et y will b e main tain ed since the DJI Phanton 3 Pr o fessional UAs ar e equipped with a barometric pressure sensor and GPS equipment, which au tomaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads -u p d isp lay o f the GCS. **4. E**  **x t**  **ent Of Relief** Ryan Joseph Cathey **Seeks And The Reason**  Ryan Joseph Cathey **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requiremen ts for flig h t in VFR conditions , is reques ted to the extent required to allow flights of the battery powered DJI Ph anton 3 Professional UAs during day light hours in v isual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to t h e fir st
p oint of intended landing and, assuming normal cru ising speed, to f ly af ter that for at least 4.5 minutes. Ry an Jo sep h Cathey seeks the requested relief because without an exemption from Section 91.151(b), the f light time dur ation of the battery p o wered DJI Phanton 3 Professional UAs will severel y co nstrain th e pr acticality of any aerial video or still photo flight operations that Ry an Jo seph Cathey p roposes to conduct pursu ant to this Petition.15 Significantl y, as set forth below, the technical specificatio ns o f the DJI Phanton 3 Professional UASs, the DJI Phanton 3 Professional operating documents, and Ryan Joseph Cathey 's p r o p osed operating limitations, ensure that R y an Joseph Cathey will safel y o perate the battery powered DJI Phanton 3 Professional UAs during day light hours in visual meteorological conditions (VMC), under visual flight ru les (VFR), with enough b attery power to fly for a total duration of 13.5 minutes to the first point of intended land ing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.

**5. E**  **x t**  **ent Of Relief** Ryan Joseph Cathey **Seeks And The Reason**  Ryan Joseph Cathey **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)

o nly appl y to aircraft with an airworthiness certificate, Ryan Joseph Cathey requests

r elief from these Sections because the DJI Phanton 3 Professional UASs do

n o t requ ire airworthiness certificates. As set forth more fully below, the DJ I P hantom 3 Professional UASs meet the conditions of FMRA Section 333 for operation w ithout an airworthiness certificate. Accordingl y, R y an Joseph Cathey will use trained techn icians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents ( i.e., the
R y an Joseph Cathey Aerial Operations Manual, Monthly Maintenance L og, and DJI Phanton 3 Professional Instruction Manual). Furthermore, Ryan Joseph Cathey will document and maintain all maintenan ce records for the DJI Phanton 3 Professional UASs. **D. The Reasons Why Granting**  Ryan Joseph Cathey **Request Would Be In The P**  **ublic** Inter e s t ; T h a t I s , H o w I t Wou l d Be ne f i t The Public As A W h o l e .16 Granting the present Petition will further the public interest b y allowin g Ryan Joseph Cathey to safel y, efficiently, and economically perform aerial video and photograph y of construction sites, real estate, and landscape over certain areas of the United States. Additionally , use of the DJI Phanton 3 Professional UASs will d ecrease cong estion of the NAS, reduce pollution, and provide significant benefits to the ec onom y. Notabl y, the benefits of Ryan Joseph Cath ey 's proposed operation of the DJI Phanton 3 Professional UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJI Phanton 3 Professional UAs are battery p o wered and serve as a safe, efficien t, and economical alternative to the manned aircraft traditionally utilized to obtain aeri al imagery . By reducing the amount of mann ed aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phanton 3 Professional UAS would

r educe the amount of manned aircraft in the NAS, reduce noise an d air pollution , as well as increase the safet y of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion ar ound airports caused b y arriving and departing aircraft will be reduced. The DJI Phanton 3 Professional UAs do 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 b y air traffic control durin g the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The**  DJI Pha nton 3 Professional **UASs.**17 C onducting aerial acquisitions with the DJI Phanton 3 Professional UASs, instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and n o ise pollution generated during traditional aerial video and still photograph y flight

o perations. By using battery power a nd electric motors, the DJI Phanton 3 Professional UASs produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin clas s, six cy linder internal combustion engine aircraft that are
t ypicall y utilized for aerial video and photography , w hile burning appro ximately 20-3 0 gallons per hour of leaded a viation fuel. The DJI Phanton 3 Professional UAs, while reducing the carbon footprint of aerial a cquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine.
B y using the DJI Pha nton 3 Professional UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is u sually associated with traditional man ned aircraft flight operations, will be substantially reduced

o r completel y elimin ated. Aside from the lack of flight crew members located on b o ard the aircraft, the DJI Phanton 3 Professional UAs (weighing approximately 2 pounds 1 2
ounces, at their maximum gross weights with lengths and widths of 16 inch es , and with

n o fuel on board), has l ess p h y sical potential for collateral damage to life and propert y on the ground, and in the air , compared to the manned aircraft th at t y pically conduct similar

o p erations (weighing appro x imately 6,000 pounds with a wingsp an o f approximately 4 2 f eet, a leng th of 34 feet, and a fuel capacity of 180 gallons)

.18 **3. Performing Aerial Video and Photography Operations With The**  DJI Phanton 3 Professional **UASs Will Benefit The Economy.** In addition to being safe and efficient, the DJI Phanton 3 Professional UASs are also an economical alternative to using manned aircraft to conduct similar a erial operations. As such, operation of the DJI Phanton 3 Professional UASs will allow United States based companies, like Ryan Joseph Cathey , t o remain competitive and contribute to
g r o wth of the U.S. economy . Specificall y, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and a lternative technology in

o r d er to remain competitive. Operating the battery p o wered DJI Phanton 3 Professional UASs is one such technology that not only allows companies greater operatio nal flexibilit y compared to manned aircraft, but provides such f lexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phanton 3 Professional UASs, companies such a s Ryan Joseph Cathey , can remain competitive and profitable, and therefore, provide greater jo b stability to employ ees and contractors, which will ultimately contribute to growth of th e U.S. econom y. Improved financial performance of U.S. companies, through commercial

u se of the DJI Phanton 3 Professional UASs, 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 c ompetitive bo th in the United States and abro ad. **4. There Are No Privacy Issues.** Similar to the manned aeria l acquisition f light operations that have b een conducted for d ecades, R

yan Joseph Cathey 's proposed operation of the DJI Phanton 3 Professional19

UASs will not imp licate any privacy issues. Specificall y, the DJ I Phantom 3 Professional UASs will be operated only in compliance with operating d ocuments (i.e., the Ryan Joseph Cathey Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phan ton 3 Professional I nstruction Manual) which requires propert y owner involvement as well as lo cal law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which** Ryan Joseph Cathey **Seeks Exemption. 1.**  **Reasons Why The** DJI Phanton 3 Professional **UAs Meet The**  **Conditions Of The FAA Modernization and Reform Act of 201**  **2 (FMRA) Section 333.** 
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Ryan Joseph Cathey operation of the DJI Phanton 3 Professional UASs meet the conditions of FMRA Section 333, a nd will not require an airworthiness cer tificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y. Specificall y, FMRA Section 333 states the follow ing, 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 sa fely 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.20 (b ) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subs ection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of titl e 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 s afely 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, Ryan Joseph Cathey submits that the D JI Phantom 3 Professional UASs can operate safely in the NAS pursuant to FMRA Section 3 33, as demonstrated b y: ( a) the characteristics of the DJ I P h antom 3 Professional UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. T**  **he Specifications Of The**  DJI Phanton 3 Professional **UASs Demonstrate Its Safe Characteristics.**  The DJI Phanton 3 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The**  DJI Phanton 3 Professional **UASs.** The technical specifications of the DJI Phanton 3 Professional UASs are set forth b y th e DJI Phanton 3 Professional Specifications, attached hereto as Exhibit A.21 **ii. The**  DJI Phanton 3 Professional **UASs Autonomous Flight And**  **Navigation Modes Enable The UASs To Remain Within A Defined**  **Operational Area.** The DJI Phanton 3 Professional UASs may b e o p erated in both manual and full y autonomous flig h t modes. A comp lete description of the flight and navigational modes of the DJI Phanton 3 Professional UASs is provided at pa ges 39 -4 7 of the DJI Phanton 3 Professional U ser Manual , attached hereto as Exhibit B.

**iii. The**  DJI Phanton 3 Professional **UASs Are Designed For**  **Automatic Return To Home Point Or Hover In The Event Of Lo**  **ss Of The Control Link Or Navigation.**  When the Control L ink is lost, the DJI Phanton 3 Professional UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phanton 3 Professional UAs do not reacquire control link data from the GCS, the UAs w ill assume that the Control L ink is lost and the UAs will return to th e 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 Phanton 3
Pr o f essional UAS are set forth at page 14 of th e DJI Phanton 3 Professional User Manual, attached hereto as Exhibit B

.

**iv. T**  **he** DJI Phanton 3 Professional **GCS And Its Operation.**  A complete description of the operation an d specifications of the DJI Phanton 3 Professional GCS and flight control software is provided at pages 35 through 3 9 of the DJI Phanton 3 Professional User Manual

.22

DJI Phanton 3 Professional User Manual is attached hereto as Exhibit B

.

**b. Flight Operations Of**  DJI Phanton 3 Professional **UASs Are Limited To**  **The Line Of Sight Of A Pilot in Command With A S**  **afety Observer.**

R y an Joseph Cathey will only utilize pilots who have at least 20 hours flight time
to act a s a pilot in command (PI C) of the DJI Phanton 3 Professional UASs. Additionally , a safet y observer will assist all pilots d u r ing flight t ime.

**c. Flights Of**  DJI Phanton 3 Professional **UASs Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, Ryan Joseph Cathey proposes to commerciall y

o p erate DJI Phanton 3 Professional UASs for t he special purpose of conductin g aerial

v ideo and photograph y over certain areas of United States, pursuant to the following
sp ecific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft descr ibed in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phanton 3 Professional Unmanned Aircraft S ys tems. Proposed operations of an y other aircraft will require a new petition or a petition to ame n d this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y. 3. The UAs may

not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAs must be o perated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate.23 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C 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 PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstruction s and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the co nditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follo w the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS I ntegration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PI C must inspect the UA S 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 properl y documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight ins pection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.24 13. The operator must follow the UAS manufacturer’s aircraft/component, mainte nance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. T he authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PI C must have completed at least 2 5 h o urs of flight time

. 18. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption , including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of tr aining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience -building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 2 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

.25 21. The UA may not be operated less than 4 00 feet below or less than 2,000 feet h o r izontally f

rom a cloud or when visibility is less than 3 statute miles from the PI C.22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 23. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating document s. 24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not m ore 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 requirem ents. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N - Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. 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 require ments. 28. 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 an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. The UAS may

not be operated b y the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 5 00 feet from all nonparticipating p erso ns (persons other than the PI C , SO, operator trainees or essential persons), v essels, vehicles, and structures unless:26 a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protectio n and are within 500 feet of the UA, flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C h as made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative wil l be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Off ice (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. **2. Reasons Why An Exemption From The Requiremen ts Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** R y an Joseph Cathey submits that th e equivalent lev el of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will b e allowed to operate the DJI Phanton 3 Professional UASs unless that PI C has demonstrated, by meeting minimum flight-hou r and currency r eq uirements, that the PI C is able to safely o p erate th e DJI Ph an to n 3 Professional UAS in a manner consistent with the exemption, in cl uding evasive and emergency maneuvers and maintaining appropriate distances from
pe ople, vessels, vehicles and structures. C onsidering Ryan Joseph Cathey 's proposed area of operations, and the operating li mitations set forth -ab ove; the parallel nature of aeronautical knowledge27

requirements to those of commercial pilot requirements (S ee Exemption No. 1 1062 ); a nd the airmanship skills necessary to safel y operate the DJI Phanton 3 Professional , Ryan Joseph Cathey submits that the add itional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship sk ills necessary for Ryan Joseph Cathey 's specif ic p roposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and ( b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Ryan Joseph C athey will not allo w any PI C to operate the DJI Phanton 3
Pr o f essional UAS unless that PI C h as demonstrated, by meeting minimum flight-hou r requirements or the DJI Ph an to n 3 Professional UAS training and currency r equiremen ts, that the PIC is able to safel y o perate the DJI Phanton 3 Professional UAS in a manner consistent with this exemption, including evasive and em ergency maneuvers an d maintaining appropriate distances from people, vessels, v ehicles and structu res.

Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 2 5 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 d ay s (for currency
p u r poses).28 As in Exemption Nos. 11062, 11138, and 11153, prior documented flight
expe rience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during Ryan Joseph Cathey 's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance w ith applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulate d and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 9 0 day s (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 accom plish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Ryan Joseph Cathey will ensure safe operations by n o t allowing any PIC to operate the DJI Phanton 3 Pr ofessional UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJI Ph anton 3 Professional UAS in a man n er consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.29 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect Safety.** The equ iv alen t level of safet y established b y Section 91.7(a) will be maintained b ecause prior to every f

light, R y an Jo sep h C athey will ensure that the DJI Phanton 3
Pr o fessional UAS is in an airworth y condition based upon the UAS’s complian ce with its operating documents and as stated in the co nditions and limitations herein. A dd itionally , th e FAA has previously g r anted r elief f r o m Sectio n 9 1. 7(a) specific to UAS, in circu mstance s similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption Fr om**  **The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equ ivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJI Phanton 3 Professional UAs will be provided to the PI C via GPS equipment and a radio communications telemetry d ata link, which d o wn lin k s f

rom the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Ryan Joseph Cathey 's operation of the DJI Phanton 3 Professional UAs within visual line of sight, at or below 4 00 feet AGL , will ensure a level of safet y equivalent to Section 9 1

. 121. The altitu de information will be
g enerated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zer o altitude initiatio n point is automatically established by the U ASs at ground level.

The FAA has previou sly g r anted relief from Section 91.121 specific to UAS, in circumstances similar, in al l material resp ects, to tho se 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).30 **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safe**  **ty.** 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 Phanton 3 Professional UASs; (2) th e l imitations on the proposed f light operations; and ( 3) the location of the proposed flight operations. Accordingl y, R y an Joseph Cathey will ensure that it will safely operate the battery po wered DJI Phanton 3 Prof essional UAs during day light hours in VFR conditions, with en ough battery po wer to fl y for a total d u r ation of 13.5 minutes to the first point of intended landing an d, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of th e DJI Phanton 3 Professional UASs; the limitations on the proposed flight operations; and the l ocatio n of the p roposed operations, will ensure an equivalent level of safety established b y 1 4 C.F.R. Section 91.151(b). Furthermore, safety will be ens ured as the DJI Phan ton 3 Professional UASs provide audible and visu al warnings to the PI C at the GC S when the UAs experiences low battery voltage, the first warning occurring at app r o x imately 33%

r emaining battery power, and again at approxim ately 10 % remainin g battery po wer. At the critically low battery level, the D J I P hantom 3 Professional UASs will descend and land automatically. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safe ty

is not adversel y 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. 268 9, 5745, and 10650. Moreover, the FAA has previously granted relief31

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, 1106 5, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b) Would Not Adversely Affect Safety.**  In seeking this exemption, Ryan Joseph Cathey submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established b y Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met be cause R

y an Joseph Cathey will use train ed technicians to perform maintenance, alterations, or preventiv e maintenance on the UASs using the methods, techniques, and
p r actices prescribed in the operating documents (i.e., the Ryan Joseph Cathey Aerial Operations Manual, Monthly Maintenance Log, and DJI Phanton 3 Professional Instruction Manu al). Furthermore, Ryan Joseph Cathey will document and maintain all maintenance record s f

or the DJI Phanton 3 Professional UASs. Sin ce the DJI Phanton 3 Professional UASs will be inspected as p rescribed b y the

o p erating documents, R y an Jo sep h C athey will maintain th e equivalent level o f safet y established b y Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJI Phanton 3 Professional User Manual is a ttached hereto as Exhibit B ; a cop y of the DJI Phanton 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C

.

Likewise, the exemption sought will not adversel y aff ect safety because R y an Joseph Cathey will use trained tech nicians to perform maintenance, alterations or preventive32

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 Phanton 3 Professional UASs will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Signif icantly, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of R yan Joseph Cathey 's proposed operating limitations, the operating do cuments, and the technical aspects of the DJI Ph anto n 3 Professional UASs,
R y an Joseph Cathey submits that safety will not be adversely affec ted 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 pr ev iousl y g ranted relief specific to UAS in circumstances similar, in all material respects, to those presented h er ein ( e.g. Exemp tion Nos. 11062, 11063, 11064, 11065, 11066, 1 1067, 11080, 11109, 11110 , 1 1 112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Ryan Joseph Cathey requests that the FAA prescribe special conditions for the intended operation of the DJI Phanton 3 Pro f essional UASs , which contain such safety standards that the33

Administrator finds necessary to establish a level of safet y equivalent to that established b y 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 photograph y over certain areas of the United States for compensation or hire. FMRA Section 3 33 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 certific ation in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phanton 3 Professional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following : If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine o r 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 f inds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA
may p r escribe special conditions for Ryan Joseph Cathey ’ s in te n d ed operation of the DJ I Phantom 3 Professional UASs, which contain such safet y standards that the34

Administrator finds necessary to establish a level of safet y equivalent to that established b y 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Secti ons 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). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which** Ryan Joseph Cathey **Seeks Exemption:** Ryan Joseph Cathey seeks exemption from the requirements of 14 C.F.R Sections 6 1

. 1 1 3( a) &(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.4 09(a)(1) & (a )(2), and 91.4 17(a) & (b). **A Brief Description Of The Nature Of The Exemption** Ryan Joseph Cathey **Seeks:** This exemption will permit Ryan Joseph Cathey to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **G. Any Additional Information, Views, Or Argum**  **ents Avai lable To Support**  Ryan Joseph Cathey 's **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary o f Transportation to determine if certain UAS may operate safely in the NAS. As s uch, R y an Jo seph C athey 's request for exemption
may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworth iness certification. As discussed in detail above, R y an Joseph Cathey will operate the DJ I Phantom 3 Professio n al UASs safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national secur ity

.35 **CONCLUSION** As set forth herein, R

y an Joseph Cathey seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), wh ich will permit safe operation of the DJI Phanton 3 Professional UASs

co mmerciall y, without an airworthiness certificate, f o r the limited purpose of cond ucting aerial video and photography o v er 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 R yan Joseph Cathey to safel y, efficientl y, and economically operate the DJI Phanton 3 Professional UASs commercially within the NAS

.
**W HEREFORE**  , in accordance with the Federal Av iation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, R y an Joseph C athey r espectfully

r equests that the Administrator grant this Petition for an exemp tion from the requirements

o f 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 Ryan Joseph Cathey to operate the DJI Phanton 3 Professional UASs commerciall y for th e p urpose of conducting aerial v ideo

an d photography over certain areas of the United States. Date d : Ma y 7 , 2015

R espectfully submitted, Ryan Joseph Cathey

_________________________36 Ryan Joseph Cathey 440 East Route 66 Glendora, CA 91740 (951) 415-5594 Email: ryanjcathey@gmail.com
Appendic es : A

– D JI Phanton 3 Professional Specifications Data Sheet B – DJI Phanton 3 Professi onal Manufacturer’s User Manual C

– Mon thly Maintenance L og37 APPENDIX – A DJI Phanton 3 Professional **TECHNICAL SPECIFICATIONS**  R y an Joseph Cathey only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJ I U ASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled air space. Parameters can also be se t to limit flight to no higher than a predetermined and set altitude as well as limit fli ght to a predetermined and set distance. In addition, DJ I software pr ovides real -time altitude and lo cation information to the PI C via the linked monitor (smart phone/t ablet devices) 1

. 1 DJI Phanton 3 Professional 1.1.1 Aircraft 1

. 1

. 1.1 Supported Battery

– DJ I 4480 mAH LiPo B attery 1 .1.1.2 Weight (Batter

y & Propellers I n cluded)

– 2 lbs 1 2 oz 12 80 g 1 .1.1.3 Hover Accuracy (Ready to Fl y) – Vertical: 0

. 1 m; Horizontal: 1 m 1.1.1.4 Max Flight time - Appro x imately 23 minu tes 1.1.1.5 Max Tilt Angel - 35 0 1.1.1.6 Max Ascent Speed

– 5 m/s 1 .1.1.7 Max Descent Speed

– 3 m/s 1.1.1.8 Max Flight Speed – 1 6 m/s (NOT RECOMMENDED) 1 .1.1.9 Operatin g Temperature - 0oC - 40oC 1 .1.1.10 Max Flig h t Altitude - 60 0 0m 1 .1.1.11 GPS Mo d e - GPS/GLONASS 1.1.2 Gimbal 1

. 1.2. 1 Controllable Range

– Pitch: -90 0 +30 0 1.1.3 Camera 1.1.3.1 Sensor - Sony EXMOR 1/2

. 3" 1 .1.3.2 Lens - FOV 94o 20mm (35mm format equivalent) f/2.8 1.1.3.3 Effective Pixels

– 1 2.4 M 1

. 1 .3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 4K, 1080p & 720p 4

. 1 .3.6 Image Max Size - 4000 x 3000 1.1.4 Remote Controller 1

. 1 .4.1 Operating Frequency

– 2

. 4 0 0 GHz

–

2

. 4 8 3 GHz 1 .1.4.2 Communication Distance (unobstructed)

- 2000 m 1 .1.4.3 Battery - 600 0 mAh LiPo 2s 1.1.4.4 Transmitter Power – FCC: 2 0 dbm CE: 16 dbm 1 .1.4.5 Working Vo ltage

– 1 .2 A @7.4 V3 8 APPENDIX

–

B DJI Phanton 3 Professional Manufactu rer’s User Manu al

can be found at http://www.dji.co m/product/phantom- 3/download3 9 APPENDIX

–

C

m o n t h :

_ _ _ _ _ _ _ _ _ ( y e a r :

_ _ _ _ _ _ _ _ **UAS$#:$___________** Date(Issue( Discovered Date(Issue(

Addressed Software(Updates
Airframe(
Engines
Propellers
Camera(Gimbal
Landing(Gear
Vibration(Dampening

Other: **MONTHLY MAINTENANCE**  **LOG**

Issue(Description(&(Maintenance(Conducted M a i n t e n a n c e ( P e r f o r m e d ( B y : ( ( ( Print(&(Sign4 0