UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Richard J. Mahurin

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

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112­95)

Submitted on June 17, 2015

Richard J. Mahurin

30512 E. Pink Hill Rd.

Grain Valley, MO 64029

(816) 550­0496

Aerialunlimitedkc@gmail.com

TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...........................................................................................................................4
INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

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

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

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RICHARD J.

MAHURIN SEEKS EXEMPTION.................................................................8

THE EXTENT OF RELIEF RICHARD J. MAHURIN SEEKS AND THE

REASON RICHARD J. MAHURIN SEEKS THE

RELIEF.................................................................................................................11

THE REASONS WHY GRANTING RICHARD J. MAHURIN’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ......................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT RICHARD J. MAHURIN

REQUEST...............................................................................................................34

CONCLUSION....................................................................................................................35

APPENDICES........................................................................................37

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

2
COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

SUMMARY

I seek exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a),

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned

Aircraft System (UAS) for the commercial purpose of conducting aerial video and

photography for wedding videography, real estate photography, special events, forestry

practices, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

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I provide clients with expertise and knowledge in advanced technologies and

solutions to increase efficiency, productivity and effectiveness. I also provide clients with

the highest quality digital content for use in their commercial, personal, and non­profit

multimedia projects. I have over 5 years of experience in UAS and special event

videography and photography. My objective is in aerial video and photography operations

is to provide high quality imaging for a variety of golf courses, commercial, public, and

residential uses, specifically targeting:

● Real Estate Surveying

● Photography & Videography

● Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3

I seek an exemption to operate DJI systems for compensation or hire within the

NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft

(UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone

systems. The DJI Phantom 3 has a maximum gross weight of approximately 1280 gram,

while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum

speed of approximately 29 knots. The DJI Phantom 3 UAs are equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 UAs that will be operated by me 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

Petitioner, Richard J. Mahurin, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

petitions the Administrator to commercially operate the DJI Phantom 3 UASs in the

National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, I will meet 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, I request relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that

only apply to aircraft with an airworthiness certificate.

I submit that the requested relief is proper since an equivalent level of safety will be

ensured. I will use my experience to perform maintenance, alterations, or preventive

maintenance on the UASs using the methods, techniques, and practices prescribed in the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction

4
Manual). Furthermore, I will document and maintain all maintenance records for the DJI

Phantom 3 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command, is requested by me to the extent necessary to

allow a Pilot in Command (PIC) by meeting minimum flight­ hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 UASs in a manner

consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

I seek relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the

DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. As such, I submit that I will ensure that the 3 UASs 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 Log, and DJI Phantom 3

Instruction Manual), and that the aircraft are in a condition for safe flight.

I also seek an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the DJI Phantom 3 UAs will not have a typical barometric altimeter

onboard. However, altitude information of the DJI Phantom 3 UAs will be provided to the

PIC via Global Positioning System (GPS) equipment and radio communications telemetry

data link, which downlinks from the UA to the GCS for active monitoring of the flight

path. This altitude information, combined with my operation of the DJI Phantom 3 UASs

within visual line of sight, at or below 200 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, I seek an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions. I submit that 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 15 minutes to the 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, Richard J. Mahurin provides the following

information in support of its petition for exemption:

A.​Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Richard J. Mahurin

30512 E Pink Hill Rd.

Grain Valley, MO 64029

(816) 550­0496

Aerialunlimitedkc.@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which Richard J. Mahurin Seeks

Exemption.

1. I Seek Exemption From The Requirements Of Section 61.113(a) And (b).

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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

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

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

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

2. I Seek 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.​I Seek 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, by reference to an altimeter that is set,

when operating­­

(1) Below 18,000 feet MSL, to­­

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

within 100 nautical 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 elevation of the

departure airport or an appropriate altimeter setting available before

departure.

4.​I Seek Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless

(considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing and, assuming normal cruising speed, to

fly after that for at least 20 minutes.

5.​I Seek Exemption From The Requirement Of Section 91.405(a).

6
Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. I Seek Exemption From ​The Requirements Of ​Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless­­

(1) It has been approved for return to service by a person authorized under §

43.7 of this chapter[.]

7. I Seek Exemption From The Requirements 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.

8. I Seek 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 performed in accordance with §§ 91.411 and 91.413, each

registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100­hour, annual, progressive, and other required or approved

inspections, as appropriate, for each aircraft (including the airframe) and

each engine, propeller, rotor, and appliance of an aircraft. The records must

include­­

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and

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

7
(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

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

each rotor.

(ii) The current status of life­limited 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 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 appliances.

(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 I Seek And The Reason I Seek The Relief.

1. Extent Of Relief Richard J. Mahurin Seek And The Reason Richard J.

Mahurin Seek 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

8
certificate, and who has met certain flight­hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, I submit that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS except for

me.

Further, I submit that all flights of the DJI Phantom 3 UASs, conducted by the PIC

pursuant to the grant of this Petition: (1) will be incidental to Richard J. Mahurin and (2)

will not carry passengers or property for compensation or hire.

2. Extent Of I Seek And The Reason I Seek Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the

extent required to allow Richard J. Mahurin to determine that the DJI Phantom 3 UASs are

in airworthy condition prior to every flight by ensuring that the UAS is in compliance with

the operating documents (i.e., Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual).

I seek the requested relief because the DJI Phantom 3 UASs do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, I will

ensure that the DJI Phantom 3 UASs 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 further, determine that the aircraft are in

condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief I Seek And The Reason I Seek Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow

flight operations of the DJI Phantom 3 UASs, which utilize a barometric pressure sensor,

GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA

requires that any altitude information concerning UAS operations be reported to air traffic

control (ATC) in feet above ground level (AGL), I seek the requested relief because the

DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the

local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

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

be maintained since the DJI Phantom 3 UAs are equipped with a barometric pressure

9
sensor and GPS equipment, which automatically ensures that a ground level pressure

setting will be established prior to each flight, and provides the PIC with altitude

information of the UA on the heads­up display of the GCS.

4. Extent Of Relief I Seek And The Reason I Seek 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 hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. I

seek the requested relief because without an exemption from Section 91.151(b), the flight

time duration of the battery powered DJI Phantom 3 UAs will severely constrain the

practicality of any aerial video or still photo flight operations that I proposes to conduct

pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

UASs, the DJI Phantom 3 operating documents, and my proposed operating limitations,

ensure that I 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

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.

5. Extent Of Relief I Seek And The Reason I Seek Relief From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, I request relief from these Sections

because the DJI Phantom 3 UASs do not require airworthiness certificates. As set forth

more fully below, the DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly I will perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and

practices prescribed in the UAS operating documents (i.e., the Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, I will

document and maintain all maintenance records for the DJI Phantom 3 UASs.

D. The Reasons Why Granting Richard J. Mahurin 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 allowing Richard J.

Mahurin to safely, efficiently, and economically perform aerial video and photography for

golf courses, special events, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of

10
my proposed operation of the DJI Phantom 3 UASs 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 the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 UAs do not require an airport to takeoff or land. Likewise, a reduction of

manned aircraft conducting aerial video and photography missions would result in fewer

aircraft that must be handled 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 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 UASs, instead of manned

aircraft, will 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 UASs produce no air

pollution, and is the most viable environmentally conscious alternative to the cabin class,

six cylinder internal combustion engine aircraft that are typically utilized for aerial video

and photography, while burning approximately 20­30 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 3 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 be substantially reduced or completely

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross

weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less

physical potential for collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar 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).

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3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UASs are also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 3 UASs will allow United States based companies, like

mine, to remain competitive and contribute to growth of the U.S. economy. Specifically,

with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”)

regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies

must adopt new and alternative technology in order to remain competitive. Operating the

battery powered DJI Phantom 3 UASs is one such technology that not only 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 UASs, companies such as I, can remain

competitive and profitable, and therefore, provide greater 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

UASs, provides a stable workforce that increases consumer spending; improves local,

state, and federal tax revenues; and allows companies to invest in research and

development in order to remain 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, I proposed operation of the DJI Phantom 3 UASs will not implicate any privacy

issues. Specifically, the DJI Phantom 3 UASs will be operated only in compliance with

operating documents (i.e., the 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 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 I Seek 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 operating area associated

with the unmanned aircraft and its operation, my operation of the DJI Phantom 3 UASs

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.

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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 Aircraft Systems.­­In making the determination under

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

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of 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) 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, I submit that the DJI Phantom 3 UASs can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c)

the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 UASs 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 UASs.

The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI

Phantom 3 Specifications and Data Sheet.

13
ii. The DJI Phantom 3 UASs Autonomous Flight And Navigation

Modes Enable The UASs To Remain Within A Defined Operational

Area.

The DJI Phantom 3 UASs may be operated in both manual and fully autonomous

flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 UASs is provided at pages 25­35 of the DJI Phantom 3 User Manuals.

iii. The DJI Phantom 3 UASs Are Designed 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 3 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., failsafe mode) via GPS, and will descend to the

takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set

forth at pages 27 through 29 of the DJI Phantom 3 User Manuals..

a. Flights Of DJI Phantom 3​UASs Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, I propose to commercially operate DJI Phantom 3 UASs

for the purpose of conducting 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 documents, rotorcraft UASs weighing less

than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft

Systems. Proposed operations of any other aircraft will require a new petition or

a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations

for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed 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 procedures specified in the operating documents

unless a special request is made and approved by ATC. All altitudes reported to

ATC must be in feet AGL.

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

14
device other than corrective lenses, as specified on the PIC’s FAA­issued 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

messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

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 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

operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted

the exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS­80) may be contacted if

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

15
component, must undergo a functional test flight. The PIC who conducts the

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

12. The pre­flight 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 manufacture

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 PIC must possess at least a private pilot certificate and at least a current

third­ class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate

the UAS in a 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

experience­building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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.

16
20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA­published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to

the Administrator upon request.

21. The UA may not be operated less than 400 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 predetermined location within the planned operating area and land or be recovered

in accordance with the 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 conditions) there is enough power to fly at normal cruising

speed to the intended landing point and land the UA with 25% battery power

remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48

hours prior to the operation. All operations shall be conducted in accordance

with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N­ Number) markings in accordance with 14 C.F.R. part 45,

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

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.

17
29. The UA must remain clear and yield the right of way to all manned aviation

operations 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 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 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. Operations 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 controlled­access property

with permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

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 (AFS­80) 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 Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

I submit 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 UASs

except Richard J. Mahurin and that PIC has demonstrated, by meeting minimum

flight­hour 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

18
emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering my proposed area of operations, and the operating limitations set

forth­above; 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, I submit that the additional

manned airmanship experience of a commercially certificated pilot would not correlate to

the airmanship skills necessary for my 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 herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

I will not allow any PIC to operate the DJI Phantom 3 UAS except me and that PIC

has demonstrated, by meeting minimum flight­hour 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 maneuvers and maintaining appropriate distances from people, 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

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during my proposed operations. The Administrator 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 purpose of motion picture filming (or similar operations), the PIC must have

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi­rotor 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 considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi­rotor 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 flight­hour 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

19
with applicable regulations would satisfy this requirement. Training, proficiency,

and experience­building flights can also be conducted under the grant of exemption

to accomplish the required flight time. During training, proficiency, and

experience­building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, I will ensure safe operations by not allowing any PIC to operate the

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight­hour

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in

a manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

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, I 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) specific

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 3 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 my operation of the DJI Phantom 3 UAs within visual line of

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

The altitude information will be generated by GPS equipment installed onboard the

aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the 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 Safety.

20
A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location

of the proposed flight operations. Accordingly, I 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 15 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 DJI Phantom 3

UASs; the limitations on the proposed flight operations; and the location of the proposed

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UASs provide audible

and visual warnings to the PIC 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 critically low battery level, the DJI

Phantom3 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including

Exemption Nos. 2689, 5745, and 10650. 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, I submit that the equivalent level of safety with regard to

the regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because DJI North

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

maintenance on the UASs using the methods, techniques, and practices prescribed in the

operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Instruction Manual). Furthermore, I will document and maintain all

maintenance records for the DJI Phantom 3 UASs.

Likewise, the exemption sought will not adversely affect safety because I will use

my experience to perform maintenance, alterations or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 UASs will be performed by me. Maintenance will be documented and

maintained utilizing the monthly maintenance log.

21
Significantly, 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 my proposed operating limitations, the operating documents,

and the technical aspects of the DJI Phantom 3 UASs, I submit that safety will not be

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1)

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief

specific to UAS in circumstances similar, in all material respects, to those presented herein

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11112, 11136, 11138, 11150, 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, I request that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 3 UASs, 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 §§

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs

for the limited purpose of conducting aerial video and photography over certain areas of

the United States for compensation or hire. FMRA Section 333 sets forth the requirements

for considering whether a UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security; and further, provides the authority for such

UAS to operate without airworthiness certification in accordance with any requirements

that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 UASs, 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 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 Leading Edge’s intended operation of the DJI

Phantom 3 UASs, 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,

22
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 Richard J. Mahurin Seeks Exemption:

Richard J. Mahurin 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 Richard J. Mahurin

Seeks:

This exemption will permit Richard J Mahurin to commercially operate an

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and

photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Richard

J. Mahurin’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Richard J. Mahurin request for exemption

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security; and further, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, Richard J. Mahurin will operate the DJI Phantom 3

UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Richard J. Mahurin 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 UASs 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 Modernization and

Reform Act of 2012, while also advancing the interests of the public, by allowing Richard

23
J. Mahurin to safely, efficiently, and economically operate the DJI Phantom 3 UASs

commercially within the NAS.

WHEREFORE​, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Richard J. Mahurin 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 operation of the DJI Phantom 3

UAS commercially for the purpose of conducting aerial video and photography over

certain areas of the United States.

Dated: June 17, 2015

Respectfully submitted,

Richard J. Mahurin

_________________________

Richard J Mahurin

30512 E Pink Hill Rd.

Grain Valley, MO 64029

(816) 550­0496

Aerialunlimitedkc@gmail.com

Appendices:

A – DJI Phantom 3 Specifications Data Sheet

B – Monthly Maintenance Log

APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

24
I only utilize 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 real­time altitude and

location information to the PIC via the linked monitor (smart phone/tablet devices)

Phantom 3

Purchased from DJI.com

Phantom 3 Specs.

Weight (Including Battery And

Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/­ 10cm

Horizontal: +/­ 1m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

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

100­3200 (video) 100­1600 (photo)

Shutter Speed

8s ­1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

25
Bracketed Frames at 0.7EV Bias

Time­lapse

Video Recording Modes

Phantom 3 Professional

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

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS­1 rating required

Max Bitrate Of Video Storage

60 Mbps

Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG­4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal

Controllable Range

Pitch ­90° to +30°

Stabilization

3­axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm­300 cm

Operating Range

30 cm­300 cm

Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz­2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature​1.1

26
Phantom 3 Pre­Flight Inspection Check List

Pre­Flight Check List

ο Visual inspection for defects

ο Batteries fully charged and checked ­ Transmitter, UAS, iPad, iPhone,

approved/compatible device

ο Props tightened and locked

ο SD card in camera

ο Lens cap removed (As necessary)

ο Antennae up and parallel

ο Transmitter turned on (press once, release, then press and hold for 3 seconds)

ο Ensure Transmitter is in P Mode

ο UAS turned on (press once, release, then press and hold for 3 seconds)

ο Flick the transformation switch on transmitter up and down 4 times quickly to

convert from travel mode to flight mode or use the app

ο DJI Pilot app quit and restarted, no other running apps on iPad

ο Tap bar at top of app (Safe to Fly GPS) for full status

ο Maps are cached (move the map around, zoom in an out)

ο Minimum return height adjusted (check for tallest object and set accordingly)

ο UAS placed in safe launch and recover position

ο Home point reprogrammed via app

ο Area clear of people / obstructions

Flight Check List

ο Hover close for 20 seconds. Look / Listen for defects

ο Confirm expected stick operation

ο Monitor battery power

ο Monitor signal strength

ο Keep line­of­sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operation of UAV/UAS

Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required

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APPENDIX – E

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