UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ROD HAMILTON dba**  **Rod Hamilton dba Rod Hamilton's Aerial Vide ography**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),** 

**91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL O**  **PERATION OF DJI PHANTOM 3**

**UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112 -**  **95)**

**Submitted on September 16, 2015 Rod Hamilton dba**  **Rod Hamilton dba Rod Hamilton's Aerial Videography**  **5400 Malcom Ct**  **Virginia Beach, VA 23464 Tel: (757) 385**  **- 6384** 

**TABLE OF CONTENTS**
GLOSSARY OF ABBREVIAT IONS...................................................................................32 SUMMARY

.................................................................................................................

..........4 IN TRODUCTION AND INTERESTS OF PETI TI ONER...................................................4 BACKGROUND........................

................................................................................. ..........5 BASI S FOR PETI TI ON........................................................................................................5 NAME AND ADDRESS OF PETITIONER..... .......................................................8 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH **Rod Hamilton dba Rod Hamilton's Aerial Videography**  SEEKS EXEMPTION.......................................................................8 THE EXTENT O F RELIEF **Rod Hamilton dba Rod Hamilton's Aerial Videography**  SEEKS AND THE REASON **Rod Hamilton dba Rod Hamilton's Aerial Videography**  SEEKS THE RELIEF.............................12 THE REASONS WHY GRANTING **Rod Hamilton dba Rod Hamilton's Aerial Videography**  REQUEST WOULD BE IN THE PUBLIC INTEREST ............................................... .........15 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................18 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......32 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT **Rod Hamilton dba Rod Hamilton's Aerial Videography**  REQUEST...............33 CONCLUSION............................................. .......................................................................33 APPENDI CES................................................................................................................... ..35

**GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control3

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 In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Obs erver 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 Landing

**SUMMARY** Rodney E Hamilton dba **Rod Hamilton dba Rod Hamilton's Aerial Videography**  , seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &4

(b), to operate an Unmanned Air craft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Rod Hamilton to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photograph y of construction sites, real estate, special events and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER Rod Hamilton dba Rod Hamilton's Aerial Videography**  provides its clients with expertise and knowledge in advan ced technologies and solutions to increase efficiency , productivity

and effectiveness. **Rod Hamilton dba Rod Hamilton's Aerial Videography** also provides its clients with the highest qualit y digital content for use in their commercial, personal, and non

- prof

it multimedia projects. **Rod Hamilton dba Rod Hamilton's Aerial Videography**  has over 9 years of professional experience in photograph y and videograph y. I have provided services to CNW Productions of models, Photograph y of action sports, commercial and resid ential photography and videograph y. I have over 2 ye ars recreational/hobby

experience in all aspects of aerial video and photography . The objective of **Rod Hamilton dba Rod Hamilton's Aerial Videography** aerial video and photograph y operations is to provide high qualit y imaging for a variety of commercial, public, and residential uses, targeting: Aerial inspections of public and private structures. Aerial photograph y/videography of houses / residential and commercial buildings Aerial event photograph y/videogr aph y Aerial event filming5 Aerial Appraisals Real Estate Marketing Insurance Inspections of Home and Propert y Commercial Advertising Video and Photograph y Real Estate Photograph y and Videograph y FREE services offered to our community , firefighter and state officials

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 UAS **Rod Hamilton dba Rod Hamilton's Aerial Videography** seeks an exemption to operate DJIs ys tems for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 3 has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, width of 16.6 inches, height of 10.5 inche s, and a maximum speed of approximately 31.1 knots. The DJ I Phantom 3 UA is equipped with four main rotors ; Driven by L ithium Poly

mer battery powered electric motors. The DJ I Phantom 3 UA that will be operated b y **Rod Hamilton dba Rod Hamilton's Aerial Vide**  **ography** and 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, Identification and Registration Marking

. **BASIS FOR PETITION** P etitioner, **Rod Hamilton dba Rod Hamilton's Aerial Videography** , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commercially operate the DJIPhantom 3 UAS in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).6 In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  operation of DJIPhantom 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. Accordingl y, **Rod Hamilton dba Rod Hamilton's Aerial Videography** requests relief from Sections 91.40 5(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y appl y to aircraft with an airworthiness certificate. **Rod Hamilton dba Rod Hamilton's Aerial Videography** submits that the requested relief is proper since an equivalent level of safety will be ensured. **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using th e methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual ). Furthermore, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will document and maintain all maintenance rec ords for the DJIPhantom 3 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by **Rod Hamilton dba Rod Hamilton's Aerial Videography**  to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJIPhantom 3 UAS in a manner7

consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **Rod Hamilton dba Rod Hamilton's Aerial Videography** seeks relief f rom Section 91.7(a), entitled Civil aircraft airworthiness , because the DJIPhantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, **Rod Hamilton dba Rod Hamilton's Aerial Videography** submits that he will ensure that the DJ I Phantom 3 UAS are in an airworthy condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 In struction Manual), and that the aircraft are in a condition for safe flight. **Rod Hamilton dba Rod Hamilton's Aerial Videography** also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a t ypical barometric altim eter onboard. However, altitude information of the DJIPhantom 3 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with **Rod Hamilton dba Rod Hamilton's Aerial Videography** operation of DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Add itionally , **Rod Hamilton dba Rod Hamilton's Aerial Videography** seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. **Rod Hamilton dba Rod Hamilton's Aerial Videography** submits that safety

wil l not be affected by

operation of the DJIPhantom 3 UAS during8

daylight hours in visual meteorological conditions (VMC) 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.

In accordance with 14 C.F.R. § 11.81, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  provides the following information in support of its petition f or exemption:

**A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: R **od Hamilton dba Rod Hamilton's Aerial Videography**  5400 Malcom Ct Virginia Beach, VA 23464 Tel: (757) 375

- 6384 Email: rodhamilton65@gmail.com **B. The Specific Sections Of 14 C.F.R. From Which Rod Hamilton dba Rod**  **Hamilton's Aerial Videography Seeks Exemption.**  **1. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks Exemption From The Requ**  **irements Of Section 61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraf t 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 carry passengers or property

for compensation or hire.9 **2. Rod Hamilton dba Rod Hamilton's Aerial Videogra**  **phy Seeks Exemption**  **From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.

**3. Rod Hamilton**  **dba Rod Hamilton's Aerial Videography 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 mil es 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 elevation of the departure airport or an appropriate altimeter setting available before departure. (iv) **4. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirement s for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of inte nded landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
**5. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **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. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a) (1)** Section 91.407, entitled Operation after maintenance, preventive main tenance, rebuilding, or alteration , subsection (a) (1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter [.]
**7. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks Exemption From The Requirements Of Sections 91.409(a) (1) And 91.409(a) (2).**  Section 91.409, entitled Inspections , subsection (a), state s 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 ap proved 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. **8. Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks E xemption**  **From The Requirements Of Sections 91.417(a) And 91.417(b).** Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner o r operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved11 inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work perfo rmed; 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. (iv) (2) Records containing the following information: (i) The total time in service of the ai rframe, 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 since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current statu s of applicable airworthiness directives (AD) and safety 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 prescribed 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 reco rds 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 b y other work or for 1 ye ar 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.12

**C. The Extent Of Relief Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks And The Reason Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks The Relief. 1. Extent Of Relief**  **Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks And The Reason Rod Hamilton dba Rod Hamilton's Aerial**  **Videography 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, i s requested to the extent necessary to allow a PI C 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 fl ight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym e nt if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJIPhantom 3 UAS unless that PI C has met certain flight

hour and currency

requirements, demonstrating that the PI C is able to safely operate either the DJIPhant om 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  submits that all flights of the DJIPhantom 3 UAS, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to **Rod Hamilton dba Rod Hamilton's Aerial**13

**Videography** business; and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief Rod Hamilton dba Rod Hamilton's Aerial Videography** 

**Seeks And The Reason Rod Hamilton dba Rod Hamilton's Aerial**  **Videography Seeks Relief From Section 91.7(a).**  Relief from Section 91 .7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow **Rod Hamilton dba Rod Hamilton's Aerial Videography** to determine that the DJIPhantom 3 UAS are in airworthy condition prior to every

flight by ensuring that the UAS i s in compliance with the operating documents (i.e., the **Rod Hamilton dba Rod Hamilton's Aerial Videography**  Aerial Operations Manual, Monthly Maintenance Lo g, and DJIPhantom 3 Instruction Manual). **Rod Hamilton dba Rod Hamilton's Aerial Videography** seeks the requested relief because the DJ I Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will ensure that the DJ I Phantom 3 UAS are in airwo rth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the

c onditions and limitations below. **3. Extent Of Relief Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks And The Reason Rod Hamilton dba Rod Hamilton's Aerial**  **Videography Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimet er settings , may be required to allow flight operations of the DJIPhantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the groun d control station (GCS). Since the FAA14

requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), **Rod Hamilton dba Rod Hamilton's Aerial Videography**  seeks the requested relief because the DJ I Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJIPhantom 3 UA are equipped with a barometric pressure senso r and GPS equipment, which automaticall 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

- up display of the GCS. **4. Extent Of Relief Rod Hamilton d**  **ba Rod Hamilton's Aerial Videography Seeks And The Reason**  **Rod Hamilton dba Rod Hamilton's Aerial Videography**  **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 e xtent required to allow flights of the battery powered DJ I Phantom 3 UA during daylight hours 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, assum ing normal cruising speed, to fly after that for at least 4.5 minutes. **Rod Hamilton dba Rod Hamilton's Aerial Videography**  seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Ph antom 3 UAs will severel y constrain the practicality of any aerial video or still photo flight operations that **Rod Hamilton dba Rod Hamilton's Aerial Videography** proposes to conduct pursuant to this Petition.15 Significantl y, as set forth below, the technic al specifications of the DJ I Phantom 3

UAS, the DJ I Phantom 3 operating documents, and **Rod Hamilton dba Rod Hamilton's Aerial Videography**  proposed operating limitations, ensure that **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will safely operate the battery

powered DJIPhantom 3 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly

for a total duration of 13.5 minutes to the first point of intended landing and, assuming n ormal cruising speed, to fl y after that for at least 4.5 minutes. **5. Extent Of Relief Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks And The Reason Rod Hamilton dba Rod Hamilton's Aerial**  **Videography Seeks Relief From Sections 91.405(a), 91.407(a)**  **(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  requests reli ef from these Sections because the DJ I Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, **Ro d Hamilton dba Rod Hamilton's Aerial**  **Videography** will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the **Rod Ha milton dba Rod Hamilton's**  **Aerial Videography** Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 In struction Manual). Furthermore, **Rod Hamilton dba Rod Hamilton's Aerial Videography w**  ill document and maintain all maintenance records for th e DJIPhantom 3 UAS.16

**D. The Reasons Why Granting Rod Hamilton dba Rod Hamilton's Aerial**  **Videography 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 b y allowing **Rod Hamilton dba Rod Hamilton's Aerial Videography**  to safely , efficiently , and economicall y perform aerial video and photography of construction sites, real estate, special events, film sets, and landscape over certain areas of the United S tates. Additionally , use of the DJIPhantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of **Rod Hamilton dba Rod Hamilton's Aerial Videography** proposed operation of the DJ I Phantom 3 UAS will be realized without implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I 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 DJ I Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce n oise and air pollution, as well as increase the safety 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 around airports caused b y arriving and departing aircraft wil l be reduced. The DJIPhantom 3 UA do not require an airport to takeoff or land. Li kewise, a reduction of manned aircraft conducting aerial video and photograph y 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.17 **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 3 UAS.**  Conducting aerial acquisitions with the DJIPhantom 3 UASs, instead of manned aircraft, wil l greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photograph y flight operations. By using battery

power and electric motors, the DJIPhantom 3 UAS produce no air p ollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJIPhantom 3 UA (weighing approximately 2 pounds 13.1 ounces respectively , at its maximum gross weight with a length of 16.2 inches and width of 16.6 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typicall y 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 DJI Phantom 3 UAS Will Benefit The Economy.** 18 In addition to being safe and efficient, the DJ I Phantom 3 UAS are also an

economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like **Rod Hamilton dba Rod Hamilton's Aerial Videography** , to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative techno logy

in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not onl y allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operation al cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS, companies such as **Rod Hamilton dba Rod Hamilton's Aerial Videography**  , can remain competitive and profitable, and therefore, provide greater job stability to employees and contra ctors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the DJ I Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, **Rod Hamilton dba Rod Hamilton's Aerial Videography** proposed operation of the DJ I Phantom 3 UAS will not implicate any privacy issues. Specifically , the DJ I19

Phantom 3 UAS will be operated onl y in compliance with operating documents (i.e., the **Rod Hamilton dba Rod Hamilton's Aerial Videography** Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accord ance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal**  **To That Provided By The Rule From Which**  **Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Seeks Exemption. 1. Reasons Why The**  **DJI Phantom 3 UA**  **Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  operation of the DJ I Phantom 3 UAS meet the conditions of FMRA Section 333, and will not requir e 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 securit y. Specificall y, 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 o f 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 guidanc e required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

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

--20 (1 ) which types of unmanned aircraft systems, if any, as a result of thei r 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 title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requireme nts 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, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  submits that the DJ I Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I 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 DJ I Phantom 3 UAS do 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 DJ I Phantom 3 UAS are set forth b y the DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The DJI Phantom 3**  **UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain Within A Defined Operational Area.**  The DJ I Phantom 3 UAS may be operated in both manual and full y autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 UAS is provided in the Manufacturer’s User Manual *See attached PDF File21 **iii. The DJI Phantom 3**  **UAS Are Designed For Automatic Return To Home** 

**Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.** When the Control L ink is lost, the DJIPhantom 3 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UA do not reacquire contr ol link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Function s of the DJ I Phantom 3 UAS is provided in the Manufacturer’s User Manual *See attached PDF

**iv. The DJI Phantom 3**  **GCS And Its Operation.** A complete description of the operation and specifications of the DJ I Phantom 3 GCS and flight control software is pro vided in the Manufacturer’s User Manual *See attached PDF

**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.**  **Rod Hamilton dba Rod Hamilton's Aerial Videography** will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJ I Phantom 3 UAS. Additionally , a safety observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom 3**  **UAS W ill Be Conducted Pursuant To Specific**  **Operating Limitations.** In seeking this exemption, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  proposes to commerciall y operate DJIPhantom 3 UAS for the special purpose of conducting aerial video and photograp hy over certain areas of United States, pursuant to the following specific operating limitations:22 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing l ess than 55 pounds maximum gross weight: DJ I Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conductin g 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 400 feet above ground level (AGL), as indicated by the proc edures 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 operated 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. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All o perations 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 beyond assisting the PI C 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 exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operat ing 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 granted23 the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AF S

- 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 UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that aff ects 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 inspect ion. 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 inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment , not already covered in the relevant sections of the operating documents. 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, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ab ility 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 training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated train ing sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight24 operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 1 4 C.F.R. § 91.119. 18. 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 F AA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 19. The UA may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Admin istrator upon request. 20. 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 PI C. 21. If the UA loses communications or loses its GPS signal, i t must return to a pre
determined location within the planned operating area and land or be recovered in accordance with the operating documents. 22. The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 23. 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. 24. 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 more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 25. 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. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications25 Commission (FCC) or other appropriate government ove rsight agency requirements. 27. 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 o r an y law enforcement official upon request. 28. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 29. The UAS may

not be operated b y the PIC from any moving device or vehicle. 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately

and/or; 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 has 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). 31. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obta ined for each flight to be conducted. 32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

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

. **2. Reasons Why An Exemption From The Requirements Of Se ction 61.113(a)**  **And (b) Would Not Adversely Affect Safety.**26 **Rod Hamilton dba Rod Hamilton's Aerial Videography** submits that the

equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operat e the DJ I Phantom 3 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 DJIPhantom 3 UAS in a manner consistent with the exemption, including evasive and emergency mane uvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering **Rod Hamilton dba Rod Hamilton's Aerial Videography** 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 safel y operate the DJ I Phantom 3 UAS, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  submits that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for **Rod Hamilton dba Rod Hamilton's Aerial Videography** specific proposed flight operations. The FAA has previously

gr anted 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). **Rod Hamilton dba Rod Hamilton's Aerial Videography** will not allow any PIC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the DJ I Phantom 3 UAS trainin g and currency requirements,27

that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safet y during **Rod Hamilton dba Rod Hamilton's Aerial Videography**  proposed operations. The Administrator has held that prior documented flight experi ence that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operation s), 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. 11 062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclus ive 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 90 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 petit ioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance28 with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the 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, **Rod Hamilton dba Rod Hamilton's Aerial Videography** will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)**  **Would Not Adversely Affect Safety.** The equivalent level of safet y established b y Section 91.7(a) will be maintained because prior to every

flight, **Rod Hamilton dba Rod Hamilton's Aerial Videography** will ensure th at the DJ I Phantom 3 UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reason s Why An Exemption From The Requirements Of Section 91.121**  **Would Not Adversely Affect Safety.** The equivalent level of safet y established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UA will be provided to the PI C via29

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 **Rod Hamilton dba Rod Hamilton's Aerial Videography** operation of the DJ I Phantom 3 UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e. g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safet** **y.** 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 DJ I Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) th e location of the proposed flight operations. Accordingly , **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will ensure that it will safel y operate the battery powered DJ I Phantom 3 UA during daylight hours in VFR conditions, with enough battery power to fl y 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. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section30

91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 3 UAS provide audible

and visual warnings to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately

10% remaining battery

power. At the criticall y low battery level, th e DJ I Phantom 3 UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UA S are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160 , 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a) (1), 91.409(a) (1) & (a) (2), And 91.417(a) & (b) Would**  **Not Adversely Affect Safety.** In seeking this exemption, **Rod Hamilton dba Rod Hamilton's Aerial Videograp**  **hy** submits that the equivalent level of safet y with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because **Rod Hamilton dba Rod Hamilt**  **on's Aerial Videography** will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the **Rod Hamilton's Aerial Videography,**  Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 331

Instruction Manual). Furthermore, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will document and maintain all maintenance records for the DJIPhantom 3 UAS. Since the DJ I Phantom 3 UAS will be inspected as prescribed b y the operating documents, **Rod Hamilton dba Rod Hamilton's Aerial Videography** will maintain the equivalent level of safet y established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of the DJ I Phantom 3 User Manuals are attached hereto as Exhibit B; a cop y of the DJ I Phantom 3 UAS Maintenance LOG is attached hereto as Exhibit C. Likewise, the exemption sought will not adversel y affect safety because **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of s afet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPhantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, p revious 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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are consid ered. In consideration of **Rod Hamilton dba Rod Hamilton's Aerial Videography** proposed operating limitations, the operating documents, and the technical aspects of the DJIPhantom 3 UAS, **Rod Hamilton dba Rod Hamilton's Aerial Videography** submits32

that safet y will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects , to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , **Rod Hamilton dba Rod Hamilton's Aerial Videography**  requests that the FAA prescribe special conditions for the intende d operation of the DJ I Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y 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), 91.1 21, 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 UA for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to op erate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 3 UAS, since the airworthiness regulations of 1433

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 safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

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

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for **Rod Hamilt on dba Rod Hamilton's Aerial**  **Videography** intended operation of the DJ I Phantom 3 UAS, which contain such safet y 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). **F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Which Rod Hamilton dba Rod Hamilton's**  **Aerial Videography Seeks**  **Exemption: Rod Hamilton dba Rod Hamilton's Aerial Videography**  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 Rod Hamilton dba Rod**  **Hamilton's Aerial Videography Seeks:**  This exemption will permit **Rod Hamilton dba Rod Hamilton's Aerial Videography**  to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.34

**G. Any Additional Information, Views, Or Arguments Available To Support**  **Rod Hamilton dba Rod Hamilton's Aerial Videography**  **Request.** This Petition is made purs uant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  request for exemp tion 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 po se a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  will operate the DJ I Phantom 3 UAS safely i n the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y. **CONCLUSION** As set forth herein, **Rod Hamilton dba Rod Hamilton's Aerial Videography** 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 DJIPhantom 3 UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, b y allowing **Rod Hamilton dba R od Hamilton's Aerial** 35

**Videography** to safely , efficientl y, and economically operate the DJ I Phantom 3 UAS commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 3 33, **Rod Hamilton dba Rod Hamilton's Aerial Videography**  respectfull y 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 **Rod Hamilton dba Rod Hamilton's Aerial Videography** to operate the DJIPhantom 3 UAS commerciall y for the purpose of conducting aerial video and photograph y over certain areas of the United States.

Dated: September 16, 2015

Respectfully submitted, **Rod Hamilton dba Rod Hamilton's Aerial Videography** 

_________________________ Rod Hamilton 5400 Malcom Ct Virginia Beach, VA 23464 Tel: (75 7) 375

- 638436 Appendices : A

– DJ I Phantom 3 Technical Specifications B

– DJ I Phantom 3 Monthly Maintenance Log

APPENDIX

– A **DJI PHANTOM 3 TECHNICAL SPECIFICATIONS Rod Hamilton dba Rod Hamilton's Aerial Videography**  only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices) 

### Ai rcraft **WEIGHT (INCLUDING BA TTERY AND PROPELLERS**  **)**

1280 g **DIAGONAL SIZE (INCLU DING PROPELLERS)**  590 mm **MAX ASCENT SPEED** 5 m/s **MAX DESCENT SPEED** 3 m/s **HOVER ACCURACY**

 Vertical: +/

- 0.1 m

(when Vision Positioning is active) or +/

- 0.5 m

 Horizontal: +/

- 1.5 m37 **M AX SPEED**  16 m/s (ATTI mode, no wind) **MAX ALTITUDE ABOVE S EA LEVEL**  6000 m **OPERATING TEMPERATUR E**  0°C to 40°C **GPS MODE** GPS/GLONASS



### Cam era **SENSOR**

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **LENS** FOV 94° 20 mm (35 mm format equivalent) f /2.8, focus at ∞ **ISO RANGE** 100

- 3200 (video) 100

- 1600 (photo) **SHUTTER SPEED** 8s

- 1/8000s **IMAGE MAX SIZE** 4000 x 3000 **STILL PHOTOGRAPHY MO DES** 

 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time - lapse **VIDEO RECORDING MODE S**  

### Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/6038 

### Phantom 3 Advanced

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60 **SUPPORTED SD CAR D TYPES**  Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required **MAX BITRATE OF VIDEO STORAGE**  

### Phantom 3 Professional 60 Mbps 

### Phantom 3 Advanced 40 Mbps **SUPPORTED FILE FORMA TS** 

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG

- 4 AVC/H.264) **OPERATING TEMPERATURE**  0°C to 40°C


### Gim bal **CONTROLLABLE RANGE**

Pitch

- 90° to +30° **STABILIZATION** 3

- axis (pitch, roll, yaw)



### Vision Positioning **MAX VELOCITY**

Less than 8 m/s (when 2 m above ground) **ALTITUDE RANGE** 30 cm

- 300 cm **OPERATING RANGE** 30 cm

- 300 cm **OPERATING ENVIRO NMENT**  Surface with clear pattern and adequate lighting (Lux > 15)39



### Remote Controller **OPERATING FREQUENCY**

2.400 GHz

- 2.483 GHz **MAX DISTANCE** 2000m (outdoors and unobstructed) **VIDEO OUTPUT PORT** USB **OPERATING TEMPERATUR E**  0°C

- 40°C **BATTERY** 6000 mAh LiPo 2S **MOBIL E DEVICE HOLDER**  For tablet or phone **RECEIVER SENSITIVITY (1%PER)** 

- 101 dBm ±2 dBm **TRANSMITTER POWER (E IRP)** 

 FCC: 20 dBm

 CE: 16 dBm **WORKING VOLTAGE** 1.2 A @7.4 V



### Battery Charger **VOLTAGE**

17.4 V **RATED POWER** 

### Phantom 3 Professional

 100 W 

### Phantom 3 Advanced

 57 W 

### Intelligent Flight Battery **CAPACITY**

4480 mAh **VOLTAGE**40 15.2 V **BATTERY TYPE** LiPo 4S **ENERGY** 68 Wh **NET WEIGHT** 365 g **MAX FLIGHT TIME** Approximately 23 minutes **OPERATING TEMPERATUR E** 

- 10°C to 40°C **MAX CHARGING POWER** 100 W



### App / Live View **MOBILE APP**

DJI Pilot **EIRP** 100m W **LIVE VIEW WORKING FR EQUENCY**  2.4GHz ISM **LIVE VIEW QUALITY** 720P @ 30fps (depending on conditions and mobile device) **LATENCY** 220m s (depending on conditions and mobile device) **REQUIRED OPERATING S YSTEMS** 

 iOS 8.0 or later

 Android 4.1.2 or later **RECOMMENDE D DEVICES** 

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iPad mini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus41  Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini

 *Support for additional Android devices available as testing and development continues

APPENDIX

– B

Month ly Maintenance Log
UAS #_____ Date Issue Maintenance Initials Performed Firmware Check Frame Engines Propellers Camera Gimbal Landing Gear42

Vibration Other: