UNITED	STATES	OF	AMERICA

DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION WASHINGTON,	DC

Regulatory	Docket	No.___________________________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:

DANE	HAROLD	EVANS

FOR	EXEMPTION	SEEKING	RELIEF	FROM THE	REQUIREMENTS	OF

TITLE	14	CODE	OF	FEDERAL	REGULATION SECTION	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b)	91.405(a),	91.407(a)(1),

91.409(a)(1)	&(1)	&	(a)(2),	and	91.417(a)&(b)	CONCERNING	COMMERCIAL OPERATION	OF	DJI	PHANTOM	3	PROFESSIONAL	AND	DJI	INSPIRE 1

UNMANNED	AIRCRAFT	SYSTEMS

PURSUANT	TO	SECTION	333	OF

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

- 95)

Submitted	on	June	19,	2015

Dane	Harold	Evans 318	Lindbergh	Dr NE

Atlanta,	GA	30305
404.219.5980

### TABLE	OF	CONTENTS

GLOSSARY	OF	AB BREVIATIONS............................................ 3

SUMMARY................................................................................ 4

INTRODUCTION	AND	INTERESTS	OF	PETITION................. 4

BACKGROUND.........................................................................

. 5

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

NAME	AND	ADDRESS	OF	PETITIONER................................ 7

THE SPECIFICS	OF	14	C.F.R	FROM	WHICH

DANE	HAROLD	EVANS	SEEKS	EXEMPTION........................ 8

THE	EXTENT	OF	RELIEF	DANE	HAROLD	EVANS	SEEKS...

. 14

THE	REASONS	WHY	GRANTING	DANE	HAROLD	EVANS’ REQUEST	WOULD	BE	IN	THE	PUBLIC	INTEREST...............

. 18

THE	REASON	WHY	GRANTING	AN	EXEMP TION	WOULD

NOT	ADVERSELY	AFFECT	SAFETY.......................................

. 36

CONCLUSION........................................................................... 43GLOSSARY	OF	ABREVIATIONS

AGL Above	Ground	Level

AOI Area	of	Interest

ATC Air	Traffic	Control

ATO Air	Traffic	Organization

AV Aerial	Vehicle

C FR Code	of	Federal	Regulations

COA Certificate	of	Authorizations

FAA Federal	Aviation	Administration

FAR Federal	Aviation	Regulation

GCS Ground	Control	Station

GPS Global	Positioning	System

LOL Loss	of	Link

NAS National	Airspace	Sys tem

NOTAM Notice	to	Airman

PIC Pilot	in	Command

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

SO Safety	Observer

SOP Standard	Operating	Procedures

UA Unmanned	Aircraft

UAS Unmanned	Aircraft	Systems

VFR Visual	Flight	Rules

VLOS Visual	Line of	Site

VMC Visual	Meteorological	Conditions

VTOL Vertical	Takeoff	and	LandingSUMMARY

Dane	Harold	Evans	seeks	exemption	from	the requirements of

14	C.F.R §§ 61.113(a)	&	(b),	91.121,	91.151(b),	91.405(a),

91.407 (a)(1),91.409(a)(1)&(2),	and	91.417(a)&( b),	to	operate Unmanned	Aircraft	System	in	pursuant	to	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012.		This	exemption will	permit	Dane	Harold	Evans to	operate	an	Unmanned Aircraft	System	for	commercial	purpose	of	conducting	aerial video	and	p hotography	over	certain	areas	of	the	United	States.

INTRODUCTION	AND	INTERESTS	OF	PETITION

M y	name	is	Dane	Harold	Evans,	a	professional Airline Transport Pilot	( 2707087 ATP)	rated	pilot with	4000	hours flight	time.

The	objective	of	Dane	Harold	Evans	i s	to provide	aerial imagery	specifically	targeting:

- Real	estate	photography	and	videography

- Commercial	property	development	imageryBACKGROUND

Dane	Harold	Evans	seeks	an	exemption	to	operate	a	DJI
Phantom	3	Unmanned	Aircraft	for	compensation	or	hire	wi thin
the	National	Airspace	System.		The	DJI	Phantom	3 is	a	vertical takeoff	and	landing	(VTOL)	Unmanned	Aircraft	(UA)	with	a
Ground	Control	Station(GCS)	coupled	with	a	tablet	computer
display	screen.		The	DJI	Phantom	measures	16inH	X	16inW	X

8inD	and	3	has a	maximum	gross	weight	of	2.82lbs.		The maximum	speed	of	the	Phantom	is	30kts.
The	DJI	Phantom	3	UAS	that	will	be	operated	by	Dane
Harold	Evans	will	be	registered	in	accordance	with	49	U.S.C.

44103, Registration	of	Aircraft ,	as	well	as	14	C.F.R	Part	47,

A ircraft	Registration, and	marked	in	accordance	with	14	C.F.R.
Part	45, Identification	and	Registration	Marking.BASIS	FOR	PETITION

Petitioner,	Dane	Harold	Evans,	pursuant	to	the	provisions of	Federal	Aviation	Regulations	(14	C.F.R § 11.61)	and	the	FA A Modernization	and	Reform	Act	of	2012	(FMRA),	Section	333, Special	Rules	for	Certain	Unmanned	Aircraft	Systems,	hereby
petitions	the	Administrator	to	commercially	operate	the	DJI
Phantom	3	in	the	National	Airspace	System	(NAS),	and	for	an
exemption	from	t he	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,	Dane	Harold	Evans	operation	of	DJI	Phantom	3	UAS
meets	the	conditions	of	FMRA	Section	333	and	therefore,	will
not	require	an	airworthiness	certificate	in	accordance	with	14
C.F.R.	Part	21,	Subpart	H.
Accordingly, Dane	Harold	Evans	re que sts	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	requirments	for
maintenance	that	only	apply	to	aircraft	with	an	airworthiness

certificate.
Dane	Harold	Evans	submits	that	the	requested	r elief	is
proper	since	an	equivalent	level	of	safety	will	be	ensured.
Dane	Harold	Evans	will	experienced	personnel	to	perform

maintenance	and	checks	on	the	Phantom	UAS	in	accordance
with	the	owner’s	manual.		In	addition,	Dane	Harold	Evans	will

document	all maintenance	items	for	the	DJI	Phantom	3	UAS.
Relief	from	certain	requirements	of	Section	61.113(a)	and
(b),	entitled private	pilot	privileges	and	limitations : Pilot	inComman d ,	is	requested	by	Dane	Harold	Evans	to	the	extent
necessary	to	allow	a	Pilot	in C ommand	(PIC)	holding	a	private pilot	or	higher	level	certificate,	as	well	as	an	airman	1 st Class Medical	Certificate,	and	who	as	demonstrated,	by	meeting flight	hour	currency	requirements,	that	the	PIC	is	able	to	safely
operate	the	DJI	Phantom	3	UAS	in	a manner	consistent	with
this	exemption,	including	evasive	and	emergency	maneuvers and	maintaining	appropriate	distances	from	people,	vessels,

vehicle	and	structures.
Dane	Harold	Evans	seeks	relief	from	91.7(a),	entitled Civil Aircraft	Airworthiness ,	becau se	the	DJI	Phantom	3	UAS	does	not
require	an	airworthiness	certificate	in	accordance	with	14
C.F.R.	Part	21,	Subpart	H.			As	such,	Dane	Harold	Evans submits that	he	will	ensure	the	DJI	Phantom	3	UAS	are	in	an	airworthy condition	prior	to	every	flight	by	de termining	that	the	UAS	is	in compliance	with	operating	documents(i.e.,	Maintenance	Log,
DJI	Phantom	3	Instruction	Manual),	and	that	the	aircraft	are	in a	condition	for	safe	flight.
Dane	Harold	Evans	also	seeks	an	exemption	from	the
requirements	of	Section 91.121,	entitled Altimeter	Settings ,	as the	DJI	Phantom	3	UAS	does	not	have	a n adjustable	barometric
altimeter	onboard.		However,	altitude	information	of	the	DJI Phantom	will	be	displayed	to	the	PIC	via	Global	Positioning
System	(GPS)	equipment	and	radiot communications	telemetry
date	link,	which	downlinks	from	the	UAS	to	the	GCS	for	active monitoring	of	the	flight	path.		This	altitude	information,
combined	with	Dane	Harold	Evans’	operation	of	the	DJI Phantom	3	within	visual	line	of	sight	(VLOS),	at	or	bel ow	400 feet	AGL,	will	ensure	a	level	of	safety	equivalent	to	Section

91.121.Additionally, Dane	Harold	Evans seeks	an	exemption	from the	requirements	of	Section	91.151(b),	entitled	Fuel requirements	for	flight	in VFR	conditions.	Dane	Harold	Evans

submits	t hat	safety	will	not	be	affected	by operation	of	the	DJI

Phantom	3	UAS during	daylight	hours	in	visual	meteorological conditions	(VMC)	under	visual	flight	rules	(VFR),	with	enough battery	power	to	fly	for	a	total	duration	of	approximately	13.5

minutes	to	th e	first	point	of	intended	landing	and,	assuming normal	cruising	speed,	to	fly	after	that	for	at	least	4.5	minutes. In	accordance	with	14	C.F.R.	§	11.81, Dane	Harold	Evans provides	the	following	information	in	support	of	its	petition	for exemption:

A. Name	an d	address	of	the	p etitioner The	name	and	address	of	the	Petitioner	and	point	of

contact	is:

Dane	Harold	Evans
318	Lindbergh	Dr	NE
Atlanta,	GA	30305

404.219.5980

email: evans.dane@gmail.com

B.	The	specific	s ections	of	14	C.F.R	from	which	Dane
Harold	Evans	seeks	exemption 1.	Dane	Harold	Evans	seeks	exemption	from	the
requirements	of	Section	91.7(a),	entitled Civil Aircraft	Airworthiness ,	subsection	(a),	states	the following:

- (a)	No	person	may	operate	a	civil aircraft
unless	it	is	in	an	airworthy	condition.2.	Dane	Harold	Evans	seeks	exemption	from	the
requirements	of	Sect ion	91.121,	entitled Altimeter

S ettings ,	subsection(a),	states	the follo wing ,	in	part: (a)	Each	person	operating	an	aircraft	shall	maintain

c ruising	altitude	or	flight	level	of	that	aircraft,	as	the case	my	be,	by	reference	to	an	altimeter	that	is	set,
when	operating:
(1)Below	18,000	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)	In	the	case	of	an	aircraft	not	equipped
with	a	radio,	the	e levation	of	the
departure	airport	or	an	appropriate altimeter	setting	available	before
departure.

3. Dane	Harold	evans Seeks	Exemption	From	The Requirements	Of	Section 91.151(b).
Section	91.151,	entitled Fuel	R equirements for	flight
in	VFR	conditions,	sub section

(b),	states	the	following: (b)	No	person	may	begin	a	flight	in	a	rotorcraft under	VFR	conditions	unless(considering	wind

and	forecast	weather	cond itions)	there	is enough	fuel	to fly to	the	first	point	of	intendedlanding	and,	assuming	normal	cruis ing	speed,

to fly	after	that	for	at	least	20	minutes.

4. Dane	Harold	Evans 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	aircr aft

—

(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[.]

5.		D ane	Harold	Evans Seeks	Exemption	From	The
Requirements	Of	Section 91.407(a)(1)

Section	91.407,	entitled Operation	after
maintenance,	preventive	maintenance, rebuilding,	or	alteration ,	subsection	(a)(1),	states	the following:

(a)	No	person	may	operate	any aircraft	that	has
undergone	maintenance,
Preventive	maintenance,	rebuilding,	or	alteration

unless

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

6.		Dane	Harold	Evans	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;	or
(2)	An	inspection	for	the	issuance	of	an

airworthiness	certificate	in accordance with	part	21	of	this	chapter.

7.	Dane	Harold	Evans 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	per formed	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 record s	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	(o r	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	conta ining	the	following	information:
(i)	The	total	time	in	service	of	the	airframe,	each
engine,	each	propeller, and	each	rotor.
(ii)	The	current	status	of	life

- limited	parts	of	each airframe,	engine,
propeller,	rotor,	and	appliance.
(iii)	The	time	since	last overhaul	of	all	items

installed	on	the	aircraft	which
are	required	to	be	overhauled	on	a	specified	time

basis.
(iv)	The	current	inspection	status	of	the	aircraft,
including	the	time	sincethe	last	inspection	required	by	the	inspection
program	under	which t he	aircraft	and	its	appliances

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

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

and	date	when	the	next action	is	required.
(vi)	Copies	of	the	forms	prescribed	by	§	43.9(d)	of
this	chapter	for	each major	alteration	to	the airframe	and	currently	installed	engines,	rotors,
propellers,	and	app liances. (b)	The	owner	or	operator	shall	retain	the	following
records	for	the	periods prescribed: (1)	The	records	specified	in	paragraph	(a)(1)	of	this

section	shall	be	retained
until	the	work	is	repeated	or	superseded	by	other
work	or	for	1	year	after the work	is	performed. (2)	The	records	specified	in	paragraph	(a)(2)	of	this

section	shall	be	retained and	transferred	with	the

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

C.	The	Extent	Of	Relief	Dane	Harold	Evans	Seeks	And

The	Reason	Dane	Harold	Evans	Seeks	The	Relief.1.	Extent	Of	Relief	Dane	Harold	Evans	Seeks	An d	The

Reason	Dane	Harold	Evans	Seeks	Relief	From	Section
61.113(a)	And	(b).

Relief	from	Section	61.113(a)	and	(b)	entitled	Private pilot	privileges	and limitations:	Pilot	in	command,	is
requested	to	the	extent	necessary	to	allow	a	PIC	holding a private pilot	or	higher	level	certificate,	as	well	as	a

current	and	valid	airman	medical certificate,	and	who	has met	certain	flight

- hour	and	currency	requirements,	to

conduct	the proposed	UAS	flight	operations	for	compensation	or	hire.
This	relief	is	requested	si nce	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

fl ight	is	only	incidental	to	that business	or	employmen t; and	(2)	The	aircraft	does	not	carry	passengers	or
property	for compensation	or	hire. As	set	forth	more
fully	below, Dane	Harold	Evans submits	that	an
equivalent	level of	safety	will	be	maintained	because	no
PIC	will	be	allowed	to	oper ate	the	DJI	Phanto m	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 in	a	manner consistent	with	the	operations specifications	as	described
in	this	exemption,	including evasive	and	emergency
maneuvers,	as	well	as	maintaining	appropriate	distances
from	people,	vessels,	vehicles and	structures.Further, Dane	Harold	Evans submits	that	all	flights	of	the
DJI	Phantom 3	UAS ,	conducted	by	the	PIC	pursuant	to	the grant	of	this	P etition:	(1) will	be	incidental	to Dane

Harold	Evans business;	and	(2)	will	not	carry	passengers

or property	for	compensation	or	hire.

2.	Extent	Of	Relief Dane	Harold	Evans Seeks	And	The

Reason	Thomas	N.	Black	Seeks	Relief	From	Section 91.7(a).	Relief	fro m	Section	91.7(a)	entitled Civil	aircraft

airworthiness ,	is	requested	to	the	extent	required	to	allow

Dane	Harold	Evans to	determine	that	the	DJI	Phantom 3

UAS	is in	airworthy	condition	prior	to	every	flight	by ensuring	that	the	UAS	is	in	compliance	with t he	operating documents	(i.e. ,	Monthly	Maintenance	Log,	and	DJI

Phantom 3 Instruction	Manual).	Thomas	N.	Black	seeks the	requested	relief	because	the	DJI	Phantom 3	UAS do es not	require	an	airworthiness	certificate	in	accordance with	14	C.F.R.	Part	21,	Subpa rt	H.	Therefore, Dane	Harold

Evans will	ensure	that	the	DJI	Phantom 3	UAS are	in airworthy	condition	based	upon	its	compliance	with	the operating	documents	(i.e.,	Monthly	Maintenance	Log,	and DJI	Phantom 3 Instruction	Manual)	prior	to	every	flight,

and	fur ther,	determine	that	the	aircraft	are	in	condition for	safe	flight,	as	stated	in	the	conditions	and	limitations

below.

3.	Extent	Of	Relief Dane	Harold	Evans Seeks	And	The

Reason Dane	Harold	Evans Relief	From	Section

91.121.

Relief	from	Section	91.121,	en titled	Altimeter	settings,
may	be	required	to	allow flight	operations	of	the	DJIPhantom 3 ,	which	utilize	a barometric	pressure	sensor,
GPS	equipment,	and	a	radio	communications	telemetry

data link	to	downlink	altitude	information	from	the	UA S

to	the	PIC	a t	the	Ground	Control	S tation(GCS).	Since	the FAA	requires	that	any	altitude	information	concerning
UAS	operations be	reported	to	air	traffic	control	(ATC)	in

feet	ab ove	ground	level	(AGL),	Dane	Harold	Evans seeks
the	requested	relief	because	the	DJI	Pha nto m	3	UAS 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	ne cessar y	to	comply	with	the	applicable

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

maintained	sinc e	the	DJI	Phantom	3	UAS are	equipped

with a	barometric	pressure	sensor	and	GPS	equipment,

wh ich	automatically	ensures	that	a ground	level	pressure
setting	will	be	establ ished	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 Dane	Harold	Evans Seeks	And	The

Reaso n	Thomas	N.	Black	Seeks	Relief	From	Section 91.151(b).

Relief	from	Section	91.151(b)	entitled Fuel	requirements for	flight	in	VFR	conditions ,	is	requested	to	the	extent required	to	allow	flights	of	the	battery	powered	DJI

Phantom 3	UAS during	daylight	ho urs	in	visual meteorological	conditions	(VMC),	under	visual	flight	rules(VFR),	for	a	total	duration	of	13.5	minutes	to	the	first point	of	intended	landing	and,	assuming	normal	cruising speed,	to	fly	after	that	for	at	least	4.5	minutes. Dane
Harold	Evans t he	requested	relief	because	without	an exemption	from	Section	91.151(b),	the	flight	time

duration	of	th e	battery	powered	DJI	Phantom	3	UAS will severely	constrain	the	practicality	of	any	aerial	video	or still	photo	flight	operations	that Dane	Harold	Evans
proposes	to	con duct	pursuant	to	this	Petition. Significantly,	as set	forth	below,	the	technical

spe cifications	of	the	DJI	Phantom	3 UAS ,	the	DJI	Phantom

3 operating	documents,	and Dane	Harold	Evans proposed operating	limitations,	ensure	that Dane	Harold	Ev ans will safely	operate	the	battery	powered	DJI	Phantom 3	UAS during	daylight	hours	in	visual	meteorological	conditions (VMC),	under	visual	flight	rules	(VFR),	with	enough battery	power	to	fly	for	a	total	duration	of	13.5	minutes	to the	first	point	of	inte nded	landing	and,	assuming	normal cruising	speed,	to	fly	after	that	for	at	least	4.5	minutes.

5.	Extent	Of	Relief	Dane	Harold	Evans	Seeks	And	The

Reason	Dane	Harold	Evans	Seeks	Relief	From Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	& (a)(2),	And	91.41 7(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, Dane	Harold	Evans requests relief	from	these	Sections	because	the	DJI	Phantom 3	UAS

do not	require	ai rworthiness	certificates.	As	set	forth more	fully	below,	the	DJI	Phantom 3	UAS meet	the conditions	of	FMRA	Section	333	for	operation without	an airworthiness	certificate.	Accordingly,	Thomas	N.	Blackwill	use	trained technicians	to	perform	maintenance,

alt erations,	or	preventive	maintenance	on	the	UASs using	the	methods,	techniques,	and	practices	prescribed in	the	UAS	operating	documents (i.e.,	Monthly Maintenance	Log,	and DJI	Phantom	3 Instruction	Manual).

Dane	Harold	Evans will	document	and	maintain	all

mai ntenance	records	for	the	DJI	Phantom 3	UAS.

D.	The	Reasons	Why	Granting Dane	Harold	Evans Request	Would	Be	In	The	Public	Interest;	That	Is,

How	It	Would	Benefit	The	Public	As	A	Whole.

Granting	the	present	Petition	will	further	the	public interest	by	allo wing Dane	Harold	Evans to	safely, efficiently,	and	economically	perform	aerial	video	and photography	of construction	sites,	real	estate,	and landscape	over	certain	areas	of	the	United	States. Additionally,	use	of	the	DJI	Phantom 3	UAS will decrease	congest ion	of	the	NAS,	reduce	pollution,	and provide	significant	benefits	to	the economy.	Notably,	the

benefits	of Dane	Harold	Evans proposed	operation	of	the DJI Phantom 3	UAS will	be	realized	without	implicating

any privacy	issues.

1. The	Public	Will	Benefit	From Decreased	Congestion

Of	The	NAS. The	DJI	Phantom	3	UAS	are	battery powered	and	serve	as	a	safe,	efficient,	and	economical alternative	to	the	manned	aircraft	traditionally	utilized to	obtain	aerial	imagery.	By	reducing	the	amount	of

manned	aircraft	needed to	perform	aerial	acquisitions, an	exemption	allowing	the	use	of	a	DJI	Phantom	3	UAS

would	reduce	the	amount	of	manned	aircraft	in	the NAS,	reduce	noise	and	air	pollution,	as	well	as	increase the	safety	of	life	and	property	in	the	air	and	on	theground.	Fu rthermore,	by	reducing	the	number	of manned	aircraft	operating	in	the	NAS,	congestion around	airports	caused	by	arriving	and	departing aircraft	will	be	reduced.	The	DJI	Phantom	3	UAS	does not	require	an	airport	to	takeoff	or	land.	Likewise,	a

reduction	of manned	aircraft	conducting	aerial	video and	photography	missions	would	result	in	fewer aircraft	that	must	be	handled	by	air	traffic	control during	the	ground,	takeoff,	departure,	arrival,	and landing	phases	of	flight	operations.

2.	The	Public	Will	Benefit From	The	Safety	And Efficiency	Of	The	DJI	Phantom	3	UAS. Conducting aerial	acquisitions	with	the	DJI	Phantom 3	UAS instead	of manned	aircraft,	wil l	greatly	benefit	the	public	by drastically	reducing the	levels	of	air	and	noise	pollution generated	during traditional	aerial	video	and	still photography	flight	operations.	By	using	battery	power and	electric	motors,	the	DJI Phantom 3	UAS produce	no air	pollution,	and	is	the	most viable	environmentally conscious	alternative	to	the	cabin	class,	six	cylinder

inte rnal combustion	engine	aircraft	that	are	typically utilized	for	aerial	video	and	photography, while	burning approximately	20

- 30	gallons	per	hour	of	leaded	aviation fuel.	The	DJI Phantom 3	UAS while	reducing	the	carbon footprint	of	aerial acquisitions,	also eliminates	noise pollution,	as	the	UAs	are	propelled	by	battery	powered electric	motors,	rather	than	an	internal	combustion engine. By	using	the	DJI	Phantom	2	Vision+	and	DJI Inspire	1	UASs	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	besubstantially reduced	or	completely	eliminated.	Aside from	the	lack	of	flight	crew	members	located onboard	the	aircraft,	the	DJI Phantom	2	Vision+	and	DJI Inspire	1	UAs	(weighing	approximately	2	pounds	11	at its maximum	gross	we ights	with	a	length of	16	inches	and

width of 16	inches,	and	with	no	fuel	on	board),	has	less physical potential	for	collateral	damage	to	life	and
property	o n	the	ground,	and	in	the	air, compared	to	the manned	aircraft	that	typically	conduct	similar	operations (weighing approximately	6,000	pounds	with	a	wingspan of	approximately	42	feet,	a	length	of	34 feet,	and	a	fuel capacity	of	180	gallons).

3.	Performing Aerial	Video	and	Photography	Operations With	The	DJI Phantom 3	UAS Will	Benefit	The	Economy. In	addition	to	being	safe	and	efficient,	the	DJI	Phantom 3 are	also	an	economical	alternative	to	using	manned

aircraft	to	conduct	similar aerial	operations.	As	suc h, operation	of	the	DJI	Phantom 3 will	allow	United	States

based invididuals ,	like Dane	Harold	Evans ,	to	remain competitive	and	contribute	to	growth	of	the	U.S.	economy. Specifically,	with	the	rising ost	of	aviation	fuel	and	the Environmental	Protection	Ag ency	(“EPA”)	regulatory actions	phasing	out	leaded	aviation	fuels,	U.S.	owned	and operated	companies	must adopt	new	and	alternative technology	in	order	to	remain	competitive.	Operating	the battery	powered	DJI	Phantom 3	UAS is	one	such technology that	not	o nly	allows	companies	greater operational	flexibility	compared	to	manned aircraft,	but provides	such	flexibility	without	the	high	operational	cost

of	a	traditional manned	aircraft. By	operating	the	DJI

Phantom 3	UAS as Dane	Harold	Evans ,	can	remain competit ive	and	profitable,	and	therefore,	providegreater	job	stability	to	employees	and	contractors,	which will	ultimately	contribute	to growth	of	the	U.S.	economy. Improved	financial	performance	of	U.S.	companies, through commercial	use	of	the	DJI	Phantom 3 ,	pr ovides	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 remaim	c ompetitive	both	in	the	United	States

and	abroad.

4.	There	Are	No	Pr ivacy	Issues. Similar	to	the	manned	aerial	acquisition	flight	operations

that	have	been	conducted	for decades, Dane	Harold	Evans
proposed	operation	of	the	DJI	Phantom 3	UAS will	not
implicate	any	privacy	issues.	Specifically,	the	DJI	Phantom

3	UAS will	be operated	only	in	compliance	with	operating
documents	(i.e.,	Operations	Manual,	Monthly

Maintenance Log,	and	DJI	Phantom 3 Instruction	Manual)
which	requires property	owner	involvement	as	well	as
local	law	enforcement	notification,	and	in accordance

with	th e	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	Pro vided	By	The	Rule	From	Which Dane	Harold

Evans Seeks	Exemption.

1.	Reasons	Why	The	DJI	Phantom 3	UAS Meet	The

Conditions	Of	The	FAA	Modernization	and	Reform	Act of	2012	(FMRA)	Section	333.In	consideration	of	the	size,	weight,	speed,	and	limited
operat ing	area	associated	with	the	unmanned	aircraft	and its	operation, Dane	Harold	Evans operation	of	the	DJI

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

Section	333	provides	authority	for	a	UAS	to	operate

without	airworthiness	certification	and	sets	forth requirements	for	considering	whether	a	UAS	will	create	a hazard	to	users	of	the	NAS	or	the	public,	or	otherwise pose	a	threat	to	national	security. Specifically,	FMRA Section	333	states	the	following,	in	part:

(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	Aircraf t	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	pop ulated	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	airworth iness	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,	Thomas	N.	Black	s ubmits	that the	DJI	Phantom 3	UAS can	operate	safely	in	the	NAS pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a) the	characteristics	of	the	DJI	Phantom 3	UAS ;	(b)	the	pilot certification	requirement;	and	(c)	the	specific	operating

limitations.

a.	The Specifications	Of	The	DJI	Phantom 3	UAS
Demonstrate	Its	Safe	Characteristics. The	DJI	Phantom 3

UAS not	create	a	hazard	to users	of	the	NAS	or	the	public, or	otherwise	pose	a	threat	to	national	security considering its	size,	weight,	speed,	and	operational capability.

i.	Technical	Specifications	Of	The	DJI	Phantom 3	UAS

. The	technical	specifications	of	the	DJI	Phantom 3	UAS are set	forth	by	the	DJI	Phantom 3 Specifications	and Data Sheet,	attached	hereto	as	Exhibit	A	and	B.

ii.	The	DJI	Phantom 3	UAS Auton omous Flight	And Navigation	Modes	Enable	The	UAS To	Remain	Within aDefined	Operational	Area. The	DJI	Phantom 3	UAS may be	operated	in	both manual	and	fully	autonomous	flight modes.	A	complete	description	of	the	flight	and navigational	modes	of	the	DJI	Ph antom 3	UAS pages	25

- 35	of	the	DJI	Phantom 3	and	pages	12

- 16 User	Manuals,

attached	hereto	as	Exhibit	C	and	D.

iii.	The	DJI	Phantom 3	UAS	is	d esigned

For	Automatic	Return	To	Home	Point	Or	Hover	In	The

Event	Of Loss	Of	The	Control	Link	Or	Navigation.

When the	Control	Link	is	lost,	the	DJI	Phantom 2	UAS will remain	stationary,	in	flight,	for	3	seconds	or	more.	If,	after 3	seconds,	the	DJI Phantom 3	UAS do	not	reacquire

control	link	data	from	the GCS,	the	UAs	will	assume	that

the	Control	Link	is	lost	and	the UAs	will	return	to	the home	position	(i.e.,	f ailsafe	mode)	via	GPS,	and	will descend	to	the	takeoff	position	and shutdown. A	complete	description	of	the	Failsafe	Functi ons	of	the	DJI

Phantom	3 UAS	are	set	forth	at	pages	27	through	29

and 13	through	15

of	th e	DJI	Phantom	3 User	Manuals,	attached	hereto	as

Exhibit C	and	D.

iv.	The	DJI	Phantom	2	Vision+	and	DJI	Inspire	1	GCS	And

Its Operation. A	complete	description	of	the	operation and	specifications	of	the	DJI	Phantom 3 GCS	and	flight control	software	is	prov ided	at	pages	32 through	43	of	the	DJI	Phantom 3 User	Manual	and	pages 40	through	47 DJI Manual.	DJI	Phantom 3 User	Manuals

are attached	hereto	as	Exhibits	C	and	D. b.	Flight	Operations	Of	DJI	Phantom 3	UAS Are	Limited	To The	Line	Of	Sight	Of	A	Certificated Pilot	in	Command With	A	Safety	Observer. Dane	Harold	Evans will	only utilize	certificated	pilots	who	possess	a	current	and validairman	medical	certificate	to	act	as	a	pilot	in	command (PIC)	of	the	DJI	Phantom 3

. Additionally,	a	safety

observer	will	ass ist	all	pilots during	flight	time.

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

In	seeking	this	exemption, Dane	Harold	Evans proposes to	commercially	operate DJI	Phantom 3	UAS the	special purpose	of	conduc ting aerial	video	and	photography	over certain	areas	of	United	States,	pursuant	to	the following specific	operating	limitations:

1.	Operations	authorized	by	this	grant	of	exemption	will

be	limited	to	the following	aircraft	described	in	the	operating	docum ents,
rotorcraft	UASs weighing	less	than	55	pounds	maximum	gross	weight:	DJI

Phantom 3 Unmanned	Aircraft	Systems.	Proposed operations	of	any other	aircraft	will	require	a	new petition	or	a	petition	to	amend	this	grant.

2.	UAS	operations	under	this	exempti on	will	be	limited	to conducting	operations for	the	purpose	of	aerial	video	and	photography.

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

4.	The	UA S must	be	operated	at an	altitude	of	no	more

than	400 feet	above	ground level	( AGL),	as	indicated	by	the	procedures	specified	in the	operating documents	unless	a	special	request	is	madeand	approved	by	ATC.	All	altitudes reported	to	ATC	must

be	in	feet	AGL.

5.	The	UAs	must	be	operated	within	visual	line	of	sight (VLOS)	of	the	PIC	at all times.	This	requires	the	PIC	to	be	able	to	use	human vision	unaided	by	any device	other	than	corrective	lenses, as	specified	on	the	PIC’s	FAA

- issued airman	medical

certificate.

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

7.	All	operations	must	utilize	a	safety	observer	(SO).	The SO	may	be	used	to satisfy	the	VLOS	requirement	as	long as	the	PIC	always	maintains	VLOS capability.	The	SO	and PIC	must	be	able	to	communicate	verbally	at	all	times.

Electronic	m essaging	or	texting	is	not	permitted	during flight	operations.	The PIC	must	be	designated	before	the flight	and	cannot	transfer	his	or	her designation	for	the duration	of	the	flight.	The	PIC	must	ensure	that	the	SO	can perform	the	functions	prescribed	in	t he	operating

documents.

8.	The	SO	must	not	perform	any	other	duties	beyond assisting	the	PIC	with	seeing and	avoiding	other	air	traffic and	other	ground	based	obstacles/obstructions	and is	not	permitted	to	operate	the	camera	or	other

instruments.

9.	The operating	documents	and	the	grant	of	exem ption must	be	accessible	during UAS	operations	and	made available	to	the	Administrator	upon	request.	If	a discrepancy	exists	between	the	conditions	and	limitationscontained	in	the grant	of	exemption	and	the	proced ures outlined	in	the	operating	documents,	the conditions	and	limitations	contained	in	the	grant	of exemption	take	precedence and	must	be	followed. Otherwise,	the	operator	must	follow	the	procedures	as outlined	in	its	operating	documents.	The	op erator	may

u pdate	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

f

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

amendment	to its	grant	of	exemption.	The	FAA’s UAS Integration	Office	(AFS

- 80)	may	be contacted	if	questions arise	regarding	updates	or	revisions	to	the	operating

documents.

10.	Prior	to	each	flight	the	PIC	must	inspect	th e	UAS	to
ensure	that	it	is	in	a condition	for	safe	flight.	If	the inspection	rev eals	a	condition	that	affects	the safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from operating	until	the necessary	maintenance	has	been performed	and	the	UAS	is	found	to	be	in	a condition	for	safe	flight.	The	Ground	Control	Station	must

be	included in	the preflight	inspection.	All	maintenance and	alterations	must	be	properly

documented	in	the	aircraft	records.

11.	Any	UAS	that	has	undergone	maintenance	or

alterations	that	affect	the	UAS operation	or	flight characteristics,	e.g.	replacement	of	a	fli ght	criticalcomponent,	must	undergo	a	functional	test	flight.	The	PIC

who	conducts	the functional	test	flight	must	make	an entry	in	the	aircraft	records.

12.	The	pre

- flight	inspection	must	account	for	all potential	discrepancies,	e.g. inoperable	componen ts, items,	or	equipment,	not	already	covered	in	the relevant	sections	of	the	operating	documents.

13.	The	operator	must	follow	the	UAS	manufacturer’s aircraft/component, maintenance,	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, inspect ion,	alterations,	and	status	or replacement/overhaul	component	parts

must	be	noted	in	the	aircraft	recor ds,	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.	The	author ized	person	must	make	an	entry	in	the

aircraft	record	of	the corrective	action	taken	against discrepancies	discovered	between	inspections.

17.	The	PIC	must	possess	at	least	a	private	pilot	certificate

and	at	least	a	current third

- class	medical	certificat e.18.	The	operator	may	not	permit	any	PIC	to	op erate
unless	the	PIC	meets	the operator’s	qualification	criteria and	demonstrates	the	ability	to	safely	operate

the	UAS	in	a	manner	consistent	with	how	the	UAS	will	be operated	under	the exemption,	including evasive	and emergency	maneuvers	and	maintaining appropriate distances	from	persons,	vessels,	vehicles	and	structures.

PIC qualification	flight	hours	must	be	logged	in	a	manner

consistent	with	14 C.F.R.	§	61.51(b).	Flights	for	the	purposes	of	training	the operator’s	PICs	are permitted	under	the	terms	of	the exemption.	However,	training	operations	may only	be	conducted	during	dedicated	training	sessions. During	training, proficiency,	and	experience

- building flights,	all	persons	not	essential	for	flight operat ions	are considered	nonparticipants,	and	the	PIC	must	operate	the

UA S 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	5	nautical	miles	of	an airport	reference	point as	denoted	on	a	current	FAA

published	aeronautical	chart	unless	a	letter	of agreement	with	that	airport’s	management	is	obtained, and	the	operation	is conducted	in	accordance	w ith	a NOTAM	as	required	by	the	operator’s	COA. The	letter	ofagreement	with	the	airport	management	must	be	made

available to	the	Administrator	upon	request.

21.	The	UA	may	not	be	operated	less	than	500	feet	below or	less	than	2,000	feet horizontally	from a	cloud	or	when visibility	is	less	than	3	statute	miles	from the	PIC.

22.	If	the	UA	loses	communications	or	loses	its	GPS	signal,

it	must	return	to	a pre

- determined	location	within	the planned	operating	area	and	land	or	be recovered	in

accordance	with	th e	operating	documents.

23.	The	PIC	must	abort	the	flight	in	the	event	of unpredicted	obstacles	or emergencies	in	accordance	with the	operating	documents.

24.	The	PIC	is	prohibited	from	beginning	a	flight	unless (considering	wind	and forecast	weather	cond itions)	there is	enough	power	to	fly	at	normal	cruising speed	to	the intended	landing	point	a nd	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	any	operations	under the	grant	of exemption.	This	COA	will	also	require	the	operator	to
request	a Notice	to	Airman	(NOTAM)	not	more	than	72 hours	in	advance,	but	not	less than	48	hours	prior	to	the operation.	All	operations	shall	be	c onducted	in accordance	with	airspace	requirements	in	the	ATO	issued COA	including	class of	airspace,	altitude	level	and potential	transponder	requirements.26.	All	aircraft	operated	in	accordance	with	the exemption	must	be	identified	by serial	number,	reg istered	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	requirements.

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	any	time	the UAS	is	operating.	These

documents	must	be	made	available	to	the Administrator or	any	law	enforcement	official	upon	request.

29.	The	UA	must	remain	clear	and	yield	the	right	of	way

to	all	manned	aviation oper ations	and	activities	at	all

times.

30.	The	UAS	may	not	be	operated	by	the	PIC	from	any moving	device	or	vehicle. 31.	Flight	operations	must	be	conducted	at	least	500	feet from	all	nonparticipating persons	(persons	other	than	the	PIC,	SO,	operator

trainee s	or	essential persons),	vessels,	vehicles,	and

structures	unless:

a.	Barriers	or	structure s	are	present	that	sufficiently
protect nonparticipating	persons	from	the	UA	and/or

debris	in	the	event	of	an accident.	The	operator	mustensure	that	nonparticipatin g	persons remain	under	such protection.	If	a	situation	arises	where nonparticipating persons	leave	such	protection	and	are	within	500	feet of	the	UA,	flight	operations	must	cease	immediately and/or; b.	The	aircraft	is	operated	near	vessels,	vehicles

or	str uctures	where	the owner/controller	of	such	vessels,	vehicles	or	structures has	granted permission	and	the	PIC	has	made	a	safety

assessment	of	the	risk	of operating	closer	to	those	objects and	determined	that	it	does	not	present an	undue	hazard,	and; c.	Ope rations	nearer	to	the	PIC,	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/con troller	or	authorized	representative. Permission	from	land	owner/controller	or	authorized representative	will	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	Office (AFS

- 80)	within	24 hours.	Accidents	must	be	reported	to the	National	Transportation	Safety	Board (NTSB)	per

instructions	contained	on	the	NTSB	We b	site: www.ntsb.gov

.Dane	Harold	Evans submits	that	the	equivalent	level	of safety	established	by Section	61.113(a)	and	(b)	will	be maintained	because	no	PIC	will	be	allowed	to	operate the	DJI	Phantom	3 unless	that PIC	has	demonstrated,	by meeting	m inimum	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 di stances	from	people, vessels,	vehicles	and	structures. Considering Dane	Harold

Evans proposed	area	of	operations,	and	the	operating

limitations	set	forth

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

commercial pilot	requirements	(See	Exemption	No. 11062);	and the	airmanship	skills	necessary	to	safely operate	the	DJI	Phantom 3 UAS, Dane	Harold	Evans submits	that	the	additional	manned	airmanship experience	of	a	commercially	certificated	pilot	would	not

correlate to	the	airmanship skills	necessary	for Dane
Harold	Evans specific	proposed	flight	operations. The	FAA	has	previously	granted	relief	from	Section 61.113(a)	and	(b)	specific	to UAS,	in	circumstances similar,	in	all	material	respects,	to	those	presented	herei n (e.g. Exemption	Nos.	11062,	11063,	11064,	11065,	11066,
11067,	11080,	11109,	11110,	11112, 11136,	11138,	11150,	11153,	11156,	11158,	11159, 11160,	11161). Dane	Harold	Evans will	not	allow	any	PIC to	operate	the	DJI	Phantom 3 UAS	unless	that	PIC	has

demon strated,	by	meeting	minimum	flight

- hour requirements	or	the	DJI	Phantom 3 UAS	training	and

currency requirements,	that	the	PIC	is	able	to	safely operate	the	DJI	Phantom 3 UAS	in	a	manner	consistent with	this	exemption,	including	evasive	and emergency

maneu vers	and	maintaining	appropriate	distances	frompeople,	vessels,vehicles	and	structures. Specifically,	the PIC	must	have	accumulated	and	logged,	in	a	manner

consistent with	14	C.F.R.	§	61.51(b),	25	hours	of	total	time as	a	UAS	rotorcraft	pilot	(with	a min imum	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	curren cy	purposes). As	in	Exemption	Nos. 11062,	11138,	and	11153,	prior	documented	flight experience	that	was	obtained	in	compliance	with applicable	regulations	will	ensure	an equivalent	level	of safety	during	Thomas	N.	Black’s	proposed	operations.	The

Administ rator	has	held	that	prior	documented	flight experience	that	was	obtained	in compliance	with applicable	regulations	would	ensure	safe	operations, stating	as	follows:

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

r otor	UAS.	Prior	to	operations	under	Exemption	No. 11062,	the PIC	must	also	have	accumulated	and logged	a	minimum	of	5	hours	as	a	UAS	pilot operating	the	same	make	and	model	of	UAS	to	be used	for	operations	under	the exemption.	For clarification,	the	FAA	co nsiders	these	minimum	hour requirements	to	be	inclusive	rather	than	additive;

i.e.	5	hours	make	and	model time	may	be	included	inthe	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,	a nd	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	acco rdance	with	14

C.F.R	91.119.

Exemption	No.	11138	at	page	15. Accordingly,	Thomas	N. Black	will	ensure	safe	operations	by	not	allowing	any PIC	to	operate	the	DJI	Phantom 3 UAS	unless	that	PIC	has demonstrated,	by	meeting	minimum	flight

- hour	and

currency requirements,	that	the	PIC is	able	to	safely operate	the	DJI	Phantom 3	UAS in	a	manner consistent with	the	exemption,	including	evasive	and	emergency

maneuvers	and maintaining	appropriate	distances	from people,	vessels,	vehicles	an d	structures.3.	Reasons	Why	An	Exemption	From	The Requirements	Of	Section	91.7(a)	Would	Not Adversely	Affect	Safety.

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

Dane	Harold	Evans will ensure	that	the	DJI	Phantom 3 UAS	is	in	an	airworthy	condition	based	upon	the	UAS’s compliance with	its	operating	documents	and	as	stated	in

the	conditions	and	limitations	herein. Additionally,	the FAA	has	previously	granted	relief	from	Section	91.7(a)

spe cific to	UAS,	in	circumstances	similar,	in	all	material respects,	to	those	presented	herein	(e.g. Exemption	Nos.	11062,	11063,	11064,	11065,	11066,
11067,	11080,	11109,	11110,	11112, 11136,	11138,	11150,	11153,	11156,	11157,	11158, 11159,	11160,	11161).

4 .	Reasons	Why	An	Exemption	From	The Requirements	Of	Section	91.121Would	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	UAS will	be	provided to the	PIC	via	GPS	equipment	and	a	radio	communications telemetry data	link,	which	downlinks	from	the	UA	to	the GCS	for	active	monitoring	of	the	flight path	and	altitude. This	altitude	information,	combined	with Dane	Harold

Evans operation of	the	DJI	Phan tom 3	UAS 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	installedonboard	the	aircraft. Prior	to	each	flight,	a	zero	altitude

i nitiation	point	is	automatically	established	by	the UASs	at	ground	level. The	FAA	has	previously	granted relief	from	Section	91.121	specific	to	UAS,	in circumstances	similar,	in	all	material	respects,	to	those presented	herein	(e.g.	Exemption Nos.	11062,	1 1063, 11064,	11065,	11066,	11067,	11080,	11109,	11112,
11136,	11138, 11150,	11153,	11156,	11157,	11158, 11159,	11160,	11161).

5.	Reasons	Why	An	Exemption	From	The Requirements	Of	Section	91.151(b)	Would	Not Adversely	Affect	Safety.

A	grant	of	this	exempt ion	would	ensure	an	equiva lent 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, Dane	Harold	Evans will	ensure that	it	will	safely	operate	the	battery	powered	DJI

Phantom 3	UAS during	daylight	hours	in	VFR	conditions, with	enough	battery power	to	fly	for	a	total	duration	of 13.5	minutes	to	the	first	poin t	of	intended	landing	and, assuming	normal	cruising	speed,	to	fly	after	that	for	at

least	4.5	minutes. Here,	as	in	Exemption	No.	11109,	the technical	specifications	of	the	DJI	Phantom

3	UAS ;	the	limitations	on	the	proposed	flight	operations;

andthe	locati on	of	the	proposed	operations,	will	ensure an	equivalent	level	of	safety established	by	14	C.F.R. Section	91.151(b).	Furthermore,	safety	will	be	ensured	as

the DJI	Phantom 3	UAS provide	audible	and	visual warnings	to the	PIC	at	the	GCS	when	the	UAs	experie nces low	battery	voltage,	the	first	warning occurring	atapproximately	33%	remaining	battery	power,	and	again at	approximately 10%	remaining	battery	power.	At	the critically	low	battery	level,	the	DJI	Phantom 3	UAS will descend	and	land	automatically. Sig nificantly,	previous exemptions	granted	by	the	FAA	concerning	Section 91.151establish	that	safety	is	not	adversely	affected	when

the	technical	characteristics	and operating	limitations	of the	UAS	are	considered.	Relief	has	been	granted	for

manned aircraft to	operate	at	less	than	the	minimums prescribed	in	Section	91.151,	including Exemption	Nos. 2689,	5745,	and	10650.	Moreover,	the	FAA	has	previously granted	relief from	Section	91.151	specific	to	UAS,	in circumstances	similar,	in	all	material	respects,	to

t hose	presented	herein	(e.g.	Exemption	Nos.	8811,	10808, 10673,	11042,	11062,	11063,11064,	11065,	11066, 11067,	11080,	11109,	11110,	11136,	11138,	11150, 11153,	11156, 11157,	11158,	11159,	11160,	11161).

6.	Reasons	Why	An	Exemption	From	The Requirements	Of Sections	91.405(a),	91.407(a)(1),
91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b)	Would	Not
Adversely	Affect	Safety.

In	seeking	this	exemption,	Thomas	N.	Black	submits	that

the Dane	Harold	Evans level	of	safety	with	regard	to	the
regulatory	maintenance	and	al teration	requirements established	by	Se ctions	91.405(a),	91.407(a)(1), 91.409(a)(1)	&	(a)(2),	and	91.417(a)	& (b)	will	be	met

because Dane	Harold	Evans will	use	trained	technicians
to	perform maintena nce,	alterations,	or	preventive

maintenance	on	the	UASs using	the	methods, techniques, and	practices	prescribed	in	the	operating	documents	(i.e.,the Dane	Harold	Evans Aerial	Operations	Manual,
Monthly	Maintenance	Log,	and	DJI	Phantom 3 Instruction Manual).	Furthermore,	Thomas	N.	Black	will	document

and maintai n	all	maintenance	records	for	the	DJI

Phantom 3	UAS

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

Dane	Harold	Evans will	maintain	the	equivalent
level	of	safety	established	by	Sections	91.405(a),
91.409(a)(1),	an d	91.409(a)(2).	A	copy
of	the	DJI	Phantom 3 User	Manuals	are	attached	hereto	as
Exhibit	C	and	D;	a	copy	of	the	DJI	Phantom 3 UAS

Maintenance	LOG	is	attached	hereto	as	Exhibit	E. Likewise,	the	exemption	sought	will	not	adversely	affect safety	because Dane	H arold	Evans will	use	trained
technicians	to	perform	maintenance,	alterations	or
preventive maintenance	on	the	UAS	using	the	methods,
techniques,	and	practices	prescribed	by	the
operating	documents. Furthermore,	the	exemption
sought	would	maintain	an	equiva lent	level	of	safety
established	by	Sections	91.407,	91.417(a)	and	91.417(b),

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

the UAS	are	considered.In	consideration	of Dane	Harold	Evans proposed
operating	limitations,	the operating	documents,	and	the	technical	aspects	of	the	DJI

Phantom 3	UAS

, Dane	Harold	Evans submits	that	safety
will	not	be	adversely	affected	by g ranting	exempti on	from 14	C.F.R.	Sections	91.405(a),	91.407(a)(1)	and	(a)(2),
91.409(a) (2),	and	91.417(a)	and	(b).	The	FAA	has previously	granted	relief	specific	to	UAS	in circumstances similar,	in	all	material	respects,	to	those	presented	herein (e.g.	Exemption Nos.	11 062,	11063,	11064,	11065,	11066,

11067,	11080,	11109,	11110,	11112,	11136,
11138,	11150,	11153,	11156,	11157,	11158,	11159,
11160,	11161).

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

In	accordance	with	Section	333	of	the	FAA	Moderniz ation

and	Reform	Act	of 2012	(FMRA)	and	14	C.F.R.	§	21.16
entitled	Special	Conditions, Dane	Harold	Evans requests that	the	FAA	prescribe	special	conditions	for	the	intended
operation	of	the	DJI Phantom 3	UAS ,	which	contain	such
safety	standards	that	the Ad ministrator	finds	necessary to	establish	a	level	of	safety	equivalent	to	that	established
by	14	C.F.R.	Part	21,	Subpart	H,	and	14	C.F.R	§§	61.113(a)
&	(b),	91.7	(a),	91.121, 91.151(b),	91.405(a),
91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b).

Su ch special	conditions	will	permit	safe	operation	of	the
UAs	for	the	limited	purpose	of conducting	aerial	video and	photography	over	certain	areas	of	the	United	States

for compensation	or	hire.	FMRA	Section	333	sets	forth	therequirements	for	considering wh ether	a	UAS	will	create	a
hazard	to	users	of	the	NAS	or	the	public,	or	otherwise

pose	a threat	to	national	security;	and	further,	provides
the	authority	for	such	UAS	to	operate without
airworthiness	certification	in	accordance	with	any
requirements	that	mu st	be established	for	the	safe
operation	of	the	UAS	in	the	NAS.	Likewise,	the

Administrator may	prescribe	special	conditions	pursuant

to	14	C.F.R. §	21.16,	for	operation	of	the	DJI	Phantom 3

UAS ,	since	the airworthiness	regulations	of	14	C.F.R.	Part

21	do not	contain	adequate	or	appropriate safety standards,	due	to	the	novel	or	unusual	design	features	of
the	aircraft.	Section	21.16, entitled	Special	Conditions, states	the	following: If	the	FAA	finds	that	the airworthiness	regulations	of	this	subchapter	do not contain	adequate	or	appropriate	safety	standards	for	an aircraft,	aircraft	engine,	or propeller	because	of	a	novel	or unusual	design	feature	of	the	aircraft,	aircraft engine	or propeller,	he	pr escribes	special	conditions	an

amendments	thereto	for the	p roduct.	The	special

conditions	are	issued	in	accordance	with	Part	11	of	this
chapter	and	contain	such	safety	standards	for	the	aircraft, aircraft	engine	or propeller	as	the	FAA	finds	necessary	to
establish	a	level	of	safety	equivalent	to

that	established	i n	the	regulations.

See	14	C.F.R.	§	21.16.

Therefore,	in	accordance	with	FMRA	Section	333	and	14 C.F.R.	§	21.16,	the	FAA	may	prescribe	special	conditionsfor	Leading	Edge’s	intended	operation	of	the	DJI	Phantom

3	UAS ,	which	contain	such	safety	standards that	the Administrator	finds	necessary	to	establish	a	level	of safety	equivalent	to	that	established	by	14	C.F.R.	Part	21, Subpart	H,	and	14	C.F.R	Sections	61.113(a)	&	(b),	91.7(a), 91.121,	91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1) &	(a)(2),	and	91. 417(a)	&	(b).

•	A	Summary	That	Can	Be	Published	In	The	Federal Register,	stating:	The Rules	From	Which	Thomas	N	Black	Seeks	Exemption:

Dane	Harold	Evans seeks	exemption	from	the requirements	of	14	C.F.R	Sections 61.113(a)&(b),	91.7(a), 91.121,	91.151(b), 91.405(a),	91.407(a)(1),	91.409(a)(1) &	(a)(2),	and	91.417(a)	&	(b). A	Brief	Description	Of	The Nature	Of	The	Exemption Dane	Harold	Evans

Seeks: This	exemption	will	permit Dane	Harold	Evans to commercially	operate	an Unmanned	Aircraft	System (UAS)	for	the purpose	of	conducting	aerial	video	and photography	over	certain	areas	of	the	United	States.

•	Any	Additional	Information,	Views,	Or	Arguments Available	To	Support	Dane	Harold	Evans	Request.

This	Petition	is	made	pursuant	to	the	FAA	Modernization

and	Ref orm	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, Dane

Harold	Evans request	for exemption	may	be	granted pursuant	to	the	authority	of	FMRA	Section	333	and	1 4

C.F.R. Part	11,	as	set	forth	above.FMRA	Section	333	sets	forth	the	requirements	for considering	whether	a	UAS will	create	a	hazard	to	users of	the	NAS	or	the	public,	or	otherwise	pose	a	threat	to national	security;	and	further,	provides	the	authority	f or such	UAS	to	operate	without airworthiness	certification. As	discussed	in	detail	above,	Thomas	N	Black	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	natio nal	security.

CONCLUSION

As	set	forth	herein,	Thomas	N	Black	seeks	an	exemption pursuant	to	14	C.F.R.	§	11.61	and	Section	333	of	the	FAA Modernization	and	Reform	Act	of	2012	(FMRA),	which	will permit	safe	operation	of	the	DJI	Phantom 3	UAS commercially, without	an	airworthiness	certificate,	for	the	limited	purpose	of conducting	aerial	video	and	photography	over	certain	areas	of the	United	States.	By	granting	this	Petition,	the	FAA Administrator	will	be	fulfilling	the	Congressional	mandate	of

the	FAA	Mode rnization	and	Reform	Act	of	2012,	while	also advancing	the	interests	of	the	public,	by	allowing Dane	Harold

Evans to	safely,	efficiently,	and	economically	operate	the	DJI

Phantom 3	UAS commercially	within	the	NAS.	WHEREFORE,	in

accordance	with	the	Federal Aviation	Regulations	and	the	FAA Modernization	and	Reform	Act	of	2012,	Section	333,	Thomas	N Black	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	Thomas	N	Black	to	operate	the	DJI	Phantom 3	UAS commercially	for	the	purpose	of	conducting	aerial	video	andphotography	over	certain	areas	of	the	United	States.	Da ted: June	19 ,	2015

Respectfully	submitted,

Dane	Harold	Evans

___________________________________ Dane	Harold	Evans

Dane	Harold	Evans 318	Lindbergh	Dr	NE Atlanta,	GA	30305

404.219.5980APPENDIX	A:	DJ I	PHANTOM	3	TECHNICAL

SPECIFICATIONS

1.1	DJI	Phantom

1.1.1	Aircraft

1.1.1. 1	Supported	Battery

– DJI	6000mAH	LiPo Battery 1.1.1.2	Weight	(Batter y	& Propellers	Included)

– 2.65lbs 1.1.1.3	Hover	Accuracy	(Ready	to	Fly)

– Vertical:
.8m;	Horiz ontal:	2.5m 1.1.1.4	Max	Yaw	Angular	Velocity

- 200 0 /s 1.1.1.5	Max	Tilt	Angel

- 35 0 1.1.1.6	Max	Ascent	Speed

– 6m/s 1.1.1.7	Max	Descent	Speed

– 2m/s 1.1.1.8	Max	Flight	Speed

– 15m/s	(NOT RECOMMENDED)

1.1.2	Gimbal	1.1.2.1	Working	Current

– Static: 750mA;	Dynamic:	900mA 1.1.2.2	Control	Accuracy

- ±0.03 0 1.1.2.3	Controllable	Range

– Pitch:

- 90 0

- 0 0 1.1.2.4	Maximum	Angular	Speed

– Pitch:	90 0 /s

1.1.3	Camera 1.1.3.1	Operating	Temperature	Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.2	Sensor	Size

– 1/2.3”

1.1.3.3	Effective	Pixels

– 14M	1.1.3.4	Resolution

– 4384x 3288	4.1.3.5	HD	Video	Recording

– 1080p30 &	720p	4.1.3.6	Recording	Field	of	View

- 110 0 /85 0

1.1.4	Transmitter 1.1.4.1	Operating	Frequency

– 5.728GHz

– 5.85GHz 1.1.4.2	Communication	Distance	(unobstructed)

–FCC	Compliance:	800m	1.1.4.3	Receiver	Sensitivity (1%PER)

- - 93dBm	1.1.4.4	Transmitter	Power

– FCC Compliance:	100mW	1.1.4.5	Working	Voltage

– 120mA@3.7V