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J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx July 14, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitt ed without legal counsel or consu lting services.

Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, We, John D. Howorth and Aaron J. Murphy, seek a n exemption from the Federal Aviation Regulations (FARs) 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 allow operation of a Small Unmanned Aircraft System (SUAS) commercially in airspace regula ted by the Federal Aviation Administration (FAA) so long as such operations are conducted w ith and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Introduction and Interests of Petitioner:

The requested exemption would permit John D. Howorth and Aaron J. Murphy to pursue commercial interests in providing services to clients using a small advanc ed SUAS in the following areas:

 Marketing

 Survey

 Construction Review; and

 Special Events

The objective of John D. Howorth and Aaron J. Murphy is to prov ide clients with high quality imaging for a variety of commercial, public and residential uses.

John D. Howorth and Aaron J. Murphy state that all SUAS flights will occur over private or controlled access property and will do so with the property owner’s consen t and knowledge and that only people

who have consented or otherwise h ave agreed to be in the area w here videography and photography will take place.

Background (Small Unmanned Aircraft System):

SUAS are often seen as superior to helicopters as an aerial vid eo gathering platform due to the smaller devices, affordable equi pment and personnel cost, reduc ed noise and as such, a much smaller environmental impact which promotes public safety.

John D. Howorth and Aaron J. Murphy are petitioning for an exem ption to operate a DJI Phantom 3 Professional with a built-in stabilized Ultra High Definition (UHD) camera and GPS safety features which can provide above ground level (AGL) altitude restriction s and to limit the radius of the distance it flies from the operator and to exclude it from oper ations within designated Class B, C and D airspace including a no-fly zone feature. The DJI Phantom 3 Professional also has a failsafeJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx function that is triggered in the event communication is lost between the SUAS and the main controller transmitter. At that time, the SUAS will return to i ts point of takeoff and land safety. If the connection is restored, the Pilot in Command (PIC) can r egain control of flight and land m anually.

The DJI Phantom 3 Professional is a vertical takeoff and landin g (VTOL) Small Unmanned Aircraft System with a Ground Control Stat ion (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of approx imately 1280 grams (2.82 pounds), while having a length of 417 millimeters (16.4 inches) and width of 417 millimeters (16.4 inches), height of 200 millimeters (7.87 inches), and a maximum speed of approximately 16 meters/second (52.5 feet/seco nd) and is equipped with four main rotors, driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional that will be operated by John D. Howorth and Aaron J. Murphy will be registered in accordance wit h 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:

Petitioners, J ohn D. Howorth and Aaron J. Murphy, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and R eform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby pet itions the Administrator to commercially operate the DJI P hantom 3 Professional that has a maximum gross weight of approximately 1280 grams, while having a length of 417 millimet ers SUAS in the National Airspace System (NAS), and for an exempti on 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 operat ing area associated with the unmanned aircraft and its operation, John D. Howorth and Aaron J. Murphy ’s operation of DJI Phantom 3

Professional SUAS meets the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in a ccordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, John D. Howorth and Aaron J. Murphy request relief from Sections 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b), as t hese sections set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

John D. Howorth and Aaron J. Mur phy submits that the requested relief is proper since an equivalent level of safety will be ensured. John D. Howorth and Aaron J. M urphy will use experienced personnel or technicians to perform maintena nce, alterations, or preventi ve maintenance on the SUAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Man ual). Furthermore, John D. Howorth and Aaron J. Murphy will document and maintain all main tenance records for the DJI

Phantom 3 Professional SUAS.

Relief from certain requirements of Section 61. 113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by John D. Howorth and Aaron J. Murphy to the extent necessary to allow a Pilot in C ommand (PIC) holding a private p ilot or higher level certificate, as well

as an airman medical certificat e, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PI C is able to safely operate D JI Phantom 3 Professional SUAS in a manner consistent with this exemption, including evasive and em ergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and struct ures.

John D. Howorth and Aaron J. Murphy seeks relief from Section 9 1.7(a), entitled Civil aircraft airworthiness, because the DJ I Phantom 3 Professional SUAS does not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, John D. Howorth and Aaron J. Murphy submits that they will ensure that the DJI Phantom 3 Professional SUAS is in an airworthyJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx condition, prior to every flight, by determining that the SUAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Pro fessional Instruction Manual), and that the aircraft is in a condition for safe flight.

John D. Howorth and Aaron J. Mur phy also seek an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Profe ssional SUAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional SUAS 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 John D. Howorth and Aaron J. Murphy’s operation of the DJI Phantom 3 P rofessional SUAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, J ohn D. Howorth and Aaron J. Murphy seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. John D . Howorth and Aaron J. Murphy submits that safety will not be affected by ope ration of the DJI Phantom 3 Professional SUAS during daylight hours in visual meteorologica l conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a tota l duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cru ising speed, to fly after that for at least

4.5 minutes.

In accordance with 14 C.F.R. § 1 1.81, John D. Howorth and Aaron J. Murphy provides the following information in support of its petition for exemption:



### A. Name and Address Of The Petitioners.

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

John D. Howorth

5075 SW Griffith Drive Beaverton, OR 97005 (503) 946.9365 x201 john.howorth@3j-consulting.com

Aaron J. Murphy

5075 SW Griffith Drive Beaverton, OR 97005 (503) 946.9365 x218 aaron.murphy@3j-consulting.com



### B. The Specific Sections Of 14 C.F.R. From Which John D. Howorth a nd Aaron J. Murphy Seeks Exemption.



### 1. Petitioners Seek Exemption From The Requirements Of Section 61. 113(a) And (b).

Section 61.113, entitled Privat e pilot privileges and limitatio ns: Pilot in command, Section 61.113, entitled Private pilot privileges and limitations: Pilot in com mand, subsections and (b) prescribe the following, in relevant part:



### (a) No person who holds a private pilot certificate may act as a pi lot in command (PIC) of an aircraft that is carrying passe ngers or property for compens ation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx 

### (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; a nd 

### (2) The aircraft does not carry passengers or property for compensa tion or hire.



### 2. Petitioners Seek Exemption Seek Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil airc raft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condi tion.



### 3. Petitioners Seeks Exemption From T he Requirements Of Section 91 .121.

Section 91.121, entitled Altimete r settings, subsection (a), st ates the following, in part:



### (a) Each person operating an aircraft shall maintain the cruising a ltitude 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 r oute and within 100 nautical miles of the aircraft;



### (ii) If there is no station within t he area prescribed in paragraph (a)(1)



### (i) of this section, the current reported altimeter setting of an a ppropriate available station; or

(iii) In the case of an aircraf t not equipped with a radio, the elevation of the departure airport or an appropriat e altimeter setting available before departure.



### 4. Petitioners Seeks Exemption From The Requirements Of Section 91 .151(b).

Section 91.151, entitled Fuel r equirements for flight in VFR co nditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR cond itions unless (considering wind and forecast weather conditions) there is enough fuel to f ly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.



### 5. Petitioner Seeks Exemption From The Requirement Of Section 91.4 05(a).

Section 91.405, entitled Maintena nce required, subsection (a), states the following: Each owner or operator of an aircraft—



### (a) Shall have that aircraft inspected as prescribed in subpart E o f 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 c hapter.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx 

### 6. Petitioner Seeks Exemption From The Requirements Of Section 91. 407(a)(1)

Section 91.407, entitled Operati on after maintenance, preventiv e maintenance, rebuilding, or alteration, subsection (a)(1), states the following:



### (a) No person may operate any aircraft that has undergone maintenan ce, preventive maintenance, rebuilding, or alteration unless -



### (1) It has been approved for return t o service by a person authoriz ed under § 43.7 of this chapter.



### 7. Petitioner Seeks Exemption From The Requirements Of Sections 91 .409(a)(1)and 91.409(a) (2).

Section 91.409, entitled Inspecti ons, subsection (a), states th e 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. Petitioner Seeks Exemption From The Requirements Of Sections 91 .417(a) and 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) a nd (b), state the following:



### (a) Except for work performed in accordance with §§ 91.411 and 91.4 13, each registered owner or operator shall keep the following records for the peri ods specified in paragraph of

this section:



### (1) Records of the maintenance, prev entive maintenance, and alterat ion and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the a irframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include:

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



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



### (iii) The signature, and certificate number of the person approving t he aircraft

for return to service.



### (2) Records containing the following information:



### (i) The total time in service of the airframe, each engine, each pr opeller, and

each rotor.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx 

### (ii) The current status of life-limited parts of each airframe, engi ne, propeller, rotor, and appliance.



### (iii) The time since last overhaul of all items installed on the airc raft which are required to be overhauled on a specified time basis.



### (iv) The current inspection status o f the aircraft, including the ti me since the last inspection required by the inspection program under which the a ircraft 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 A D or safety

directive number and revision date. If the AD or safety directi ve involves recurring action, the time and date when the next action is req uired.



### ( vi) Copies of the forms prescrib ed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rot ors, propellers, and appliances.



### (b) The owner or operator shall retain the following records for th e 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 s old. 

### (3) A list of defects furnished to a registered owner or operator u nder § 43.11 of this chapter shall be retained until the defects are r epaired and the aircraft is approved for return to service.



### C. The Extent Of Relief And The Reason Petitioners Seeks The Relie f.



### 1. Extent Of Relief And The Reason Petitioners Seeks Relief From S ection 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 medica l certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed SUAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Sec tion 61.113(a) and (b) state that a private pilot may, for compensation or h ire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that busine ss or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, John D. Howorth and Aaron J. Mur phy submit that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional

SUAS unless that PIC has met certain flight-hour and currency requir ements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professi onal SUAS in a manner consistent with the operations specifications as described in this exempti on, including evasive and emergencyJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx maneuvers, as well as maintaining appropriate distances from pe ople, vessels, vehicles and

structures.

Further, John D. Howorth and Aaron J. Murphy submit that all fl ights of the DJI Phantom 3 Professional SUAS, conducted by the PIC pursuant to t he grant of this Petition: (1 ) will be incidental to John D. Howorth and Aaron J. Murphy’s business; and (2) will not carry passengers or property for compensation or hire.



### 2. Extent Of Relief And The Reason Petitioner Seeks Relief From Se ction 91.7(a).

Relief from Section 91.7(a) entit led Civil aircraft airworthine ss, is requested to the extent required to

allow John D. Howorth and Aaron J. Murphy to determine that the DJI Phantom 3 Professional are in airworthy condition prior to every flight by ensuring that t he SUAS is in compliance with the operating documents (i.e. DJI Phantom 3 Professional Instructio n Manual, Monthly Maintenance Log).

John D. Howorth and Aaron J. Murphy seeks the requested relief because the DJI Phantom 3

Professional SUAS SUAS does not require an airworthiness certificate in accordanc e with 14 C.F.R. Part 21, Subpart H. Therefore, John D. Howorth and Aaron J. Murphy will ensure that the DJI Phantom 3 Professional is in airworthy condition based upon its compliance with the operating documents (i.e. DJI Phantom 3 Professional Instruction Manual, Monthly Maintenance Log) prior to every flight, and further, determine that the aircraft are in condition for safe flight, a s stated in the

conditions and limitations below.



### 3. Extent Of Relief and The Reason Petitioner Seeks Relief From Se ction 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 Professional which utilizes a barometric pres sure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude i nformation from the UA to the PIC at the ground control station (GCS). Since the FAA requires that a ny altitude information concerning SUAS operations be reported to air traffic control (ATC) in fee t above ground level (AGL), John D. Howorth and Aaron J. Murphy seeks the requested relief because the DJI Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL, rathe r than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, re lief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions a nd limitations stated below. As more fully set forth herein, an equivalent level of safety will be m aintained since the DJI Phantom 3 Professional is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a gro und level pressure setting will be established prior to each flight, and provides the PIC with altitude in formation of the UA on the hea ds-up display of the GCS.



### 4. Extent Of Relief and The Reason Petitioner Seeks Relief From Se ction 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for fl ight in VFR conditions, is requested to the extent required to allow f lights of the battery powered DJI Phantom 3 Professional during daylight hours in visual meteorological conditions (VMC), under visual f light rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assumi ng normal cruising speed, to fly after

that for at least 4.5 minutes.

John D. Howorth and Aaron J. Murphy seeks the requested relief because without an exemption from Section 91.151(b), the flight tim e duration of the battery powe red DJI Phantom 3 Professional will severely constrain the practicality of any aerial video or stil l photo flight operations that John D. Howorth and Aaron J. Murphy proposes to conduct pursuant to thi s Petition.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional SUAS, the DJI Phantom 3 Professional operating documents, and John D. Howorth and Aaron J. Murphy’s proposed operating limitations, ensure that John D. Howorth and Aaron J. Murphy will safely operate the battery powered DJI Phantom 3 Professional 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, ass uming normal cruising speed, to fly after

that for at least 4.5 minutes.



### 5. Extent Of Relief and The Reason Petitioner Seeks Relief From Se ctions 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, John D. Howorth and Aaron J. Murphy requests relief from

these Sections because the DJI Phantom 3 Professional does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional m eets the conditions of FMRA Section 333 for operation without an airwor thiness certificate. Accordi ngly, John D. Howorth and Aaron J. Murphy will use trained technici ans to perform maintenance, alt erations, or prev entive maintenance on the SUAS using the methods, t echniques, and practices prescr ibed in the SUAS operating documents (i.e., DJI Phantom 3 Professional Instruction Manual, Monthly Maintenance Log). Furthermore, John D. Howorth and Aaron J. Murphy will document and maintain all maintenance

records for the DJI Phantom 3 Professional SUAS.



### D. The Reasons Why Granting John D. Howorth and Aaron J. Murphy Re quest 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 John D. Howorth and Aaron J. Murphy to safely, efficiently, and economically perform aeri al video and photography over certain

areas of the United States, providing hi gh quality imaging for a variety of commercial, public, and

residential uses. Additionally, use of the DJI P hantom 3 Professional SUAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econo my. Notably, the benefits of John D. Howorth and Aaron J. Murphy ‘s proposed operation of the DJI Ph antom 3 Professional will be

realized without implicating any privacy issues.



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

The DJI Phantom 3 Professional SUAS is battery powered and serv e as a safe, efficient, and economical alternative to the manned aircraft traditionally uti lized 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 Professional 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 operatin g in the NAS, congestion around airports caused by arriving and departing aircraft will be redu ced. The DJI Phantom 3 Professional SUAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result i n fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, a rrival, and landing phases of flight operations.



### 2. The Public Will Benefit From The Safety And Efficiency Of The D JI Phantom 3 Professional SUAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professio nal SUAS, instead of mannedJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx aircraft, will greatly benefit the public by drastically reduci ng 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 DJ I Phantom 3 Professional produ ce 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 an d photography, while burning approximately 8-20 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional SUAS, while reducing the carbon footprint of aerial acquisitions, also eliminates no ise pollution, as the SUAS is propelled by battery powered electric mot ors, rather than an internal com bustion engine.

By using the DJI Phantom 3 Professional SUAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usuall y associated with traditional manned aircraft flight operations, will be substantially reduced or co mpletely eliminated. Aside from the lack of flight crew members located onbo ard the aircraft, the DJI Phant om 3 Professional SUAS (weighing approximately 1280 grams respectively, at the maximum gross wei ghts with length of 417 millimeters respectively, 417 millimeters and with no fuel on board), has less physical potential for col lateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations.



### 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 Professional

SUAS Will Benefit The Ec onomy.

In addition to being safe and efficient, the DJI Phantom 3 Prof essional SUAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI

Phantom 3 Professional SUAS will allow United States based indi viduals, like John D. Howorth and Aaron J. Murphy, to remain comp etitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Pro tection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and opera ted companies must adopt new and alternative technology in order to remain competitive. Operatin g the battery powered SUAS, DJI Phantom 3 Professional is one such technology that not only all ows companies greater operational flexibility compared to manned ai rcraft, but provides such flex ibility without the high operational cost

of a traditional manned aircraft.

By operating the DJI Phantom 3 Professional SUAS, individuals s uch as John D. Howorth and Aaron J. Murphy, can remain competitiv e 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 DJI Phantom 3 Professional, provides a stable workforce that increases consumer spending; i mproves local, state, and federal tax revenues; and allows companies to invest in research and develo pment 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, John D. Howorth and Aaron J. Murphy’s proposed operation of the DJI Phantom 3 Professional SUAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional will be operated only in compliance with operating documents (i.e., and DJI Phantom 3 Professional Instruction Manual, Monthly Maintenance Log) which requires property owner involvem ent as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirement s of 14 C.F.R. § 91.119.



### E. The Reasons Why Granting The Exemption Would Not Adversely Affe ct Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To Tha t Provided By The Rule From Which John D. Howorth and Aaron J. Murphy Seeks Exemption.



### 1. Reasons Why the DJI Phantom 3 Professional SUAS Meet the Condit ions of the FAA Modernization and Reform Act of 2012 (FMRA) Section 333.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx In consideration of the size, weight, speed, and limited operat ing area associated with the unmanned aircraft and its operation, John D. Howorth and Aaron J. Murphy ’s operation of the DJI Phantom 3 Professional SUAS meet the conditions of FMRA Section 333, and will not require an airworthiness

certificate in accordance wit h 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a SUAS to operate without ai rworthiness certification and sets forth requirements for considering whether a SUAS will create a hazar d 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 sub title, and not later than 180 days after the date of enactment of this Act, the Secretary of Trans portation shall determine if certain unmanned aircraft systems may oper ate safely in the national ai rspace system before completion of the plan and rulemaking required by section 332 o f this Act or the guidance required by section 334 of this Act.



### (b) Assessment of Unmanned Aircraft Systems. - In making the determ ination under subsection (a), the Secretary shall determine, at a minimum -



### (1) Which types of unmanned aircraft systems, if any, as a result o f their size, weight, speed, operational c apability, proximity to airports and populated areas, and operation within visual line of sight do not create a haz ard to users of the national a irspace 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 require d for the operation of unmanned aircraft systems identified under paragraph (1).



### (c) Requirements for Safe Operation.--If the Secretary determines u nder this section that certain unmanned aircraft systems may oper ate safely in the national ai rspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, John D. Howorth and Aaron J. Murphy submits that the DJI Phantom 3

Professional SUAS can operate safely in the NAS pu rsuant to FMRA Section 333, as demonstrated by: (a) the characteristics of t he DJI Phantom 3 Professional; (b) the pilot certification requirement; and (c) the specific operating limitations.



### a. The Specifications Of The DJI Phantom 3 Professional SUAS Demon strate Its Safe

Characteristics.

The DJI Phantom 3 Professional does not create a hazard to user s of the NAS or the public, or otherwise pose a threat to national security considering its si ze, weight, speed, and operational capability.



### i. Technical Specifications Of The DJI Phantom 3 Professional SUAS

. The technical specifications of the DJI Phantom 3 Professional SUAS are set forth by the DJI Phantom 3 Professional User Manuals, attached hereto as Appendi x A.



### ii. The DJI Phantom 3 Professional SUAS Autonomous Flight And Navig ation Modes Enable The SUAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional SUAS may be operated in both man ual and fully autonomousJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx flight modes. A complete description of the flight and navigati onal modes of the DJI Phantom 3 Professional SUAS is provided at pages 25-35 of the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A.



### iii. The DJI Phantom 3 Professional SUAS is Designed For Automatic R eturn 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 Professional S UAS will remain stati onary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 P rofessional SUAS do not reacquire control link data from the GCS, the SUAS will assume that the Control Link is lost

and the SUAS 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 Pha ntom 3 Professional SUAS are

set forth at pages 27 through 29 of the DJI Phantom 3 Professional User Manuals, attached hereto as Appendix A.



### iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of t he DJI Phantom 3 Professional

GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3

Professional User Manual. DJI Phantom 3 Professional User Manua ls are attached hereto as Appendix A.



### b. Flight Operations Of DJI Phantom 3 Professional SUAS Are Limite d To The Line Of Sight of a Certificated Pilot in Command With A Safety Observer.

John D. Howorth and Aaron J. Murphy will be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 Professional SUAS. Additi onally, a safety observer will assist them during flight time.



### c. Flights Of DJI Phantom 3 Professional SUAS Will Be Conducted Pu rsuant To Specific Operating

Limitations.

In seeking this exemption, John D. Howorth and Aaron J. Murphy proposes to commercially operate DJI Phantom 3 Professional SUAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant t o the following specific operating limitations:



### 1. Operations authorized by this grant of exemption will be limite d to the following aircraft described in the operating documents as a rotorcraft SUAS weighing less t han 55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to ame nd this grant.



### 2. SUAS operations under this exemption will be limited to conduct ing operations for the purpose of

aerial video and photography.



### 3. The SUAS may not be flown at an indicated airspeed exceeding 16 meters/second.



### 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as

indicated by the procedures spe cified in the operating document s unless a special request is made and approved by ATC. All altitudes reported to ATC must be in f eet AGL.



### 5. The SUAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requiresJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx the PIC to be able to use human vision unaided by any device ot her than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.



### 6. The use of first person view (F PV) by the PIC or safety observe r (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 c apability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or t exting is not permitted during flight operations. The PIC must be desi gnated before the flight and ca nnot 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 ot her duties beyond assisting the P IC 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 acce ssible during SUAS operations

and made available to the Administrator upon request. If a disc repancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditi ons and limitations contained i n the grant of exemption take precedence and must be followed. Otherwise, the operator must f ollow the procedures as outlined in its operating documents. The op erator may update or revise i ts 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 upda ted 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 gr anted the exemption, then the operator must petition for amendm ent to its grant of exemption. The FAA’s SUAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating

documents.



### 10. Prior to each flight the PIC must inspect the SUAS to ensure th at it is in a condition for safe flight.

If the inspection reveals a condition that affects the safe ope ration of the SUAS, the aircraft is prohibited from operating until the necessary maintenance has b een performed and the SUAS 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 do cumented in the aircraft records.



### 11. Any SUAS that has undergone maintenance or alterations that aff ect the SUAS operation or flight characteristics, e.g. replacement of a flight critical c omponent, must undergo a functional test flight. The PIC who conducts the functional test flight must ma ke an entry in the aircraft records.



### 12. The pre-flight inspection must account for all potential discre pancies, e.g. inoperable

components, items, or equipment, not already covered in the rel evant sections of the operating

documents.



### 13. The operator must follow the SU AS manufacturer’s aircraft/compo nent, maintenance, overhaul,

replacement, inspection, and life limit requirements.



### 14. The operator must carry out its m aintenance, inspections, and r ecord keeping requirements, in

accordance with the operating doc uments. Maintenance, inspectio n, alterations, and status of replacement/overhaul component parts must be noted in the aircr aft records, including total time in service, description of work ac complished, and the signature of the authorized person returning the

SUAS to service.



### 15. Each SUAS operated under this exemption must comply with all ma nufacturer Safety Bulletins.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx 

### 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 a t least a current third- class medical

certificate.



### 18. The operator may not permit any PIC to operate unless the PIC m eets the operator’s

qualification criteria and demonstrates the ability to safely o perate the SUAS in a manner consistent with how the SUAS will be operated under the exemption, includi ng evasive and emergency maneuvers and maintaining appropriate distances from persons, v essels, vehicles and structures. PIC qualification flight hours must be logged in a manner consi stent with 14 C.F.R. § 61.51(b). Flights for the purposes of tra ining the operator’s PICs are pe rmitted under the terms of the exemption. However, training operations may only be conducted d uring dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC m ust operate the UA with appropriate distance from nonparticipants in a ccordance with 14 C.F.R. § 91 .119.



### 19. SUAS operations may not be conducted during night, as defined i n 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological condit ions (VMC). If flight at night is required, a special request will be made at the FAA office clos est to proposed area of operations. Flights under special visual flight rules (SVFR) are not author ized.



### 20. The UA may not operate within 5 nautical miles of an airport re ference point as denoted on a

current FAA-published aeronautical chart unless a letter of agr eement with that airport’s management is obtained, and the operation is conducted in accor dance 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 500 feet below or less tha n 2,000 feet horizontally from

a cloud or when visibility is les s than 3 statute miles from th e PIC.



### 22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined

location within the planned operating area and land or be recov ered in accordance with the operating documents.



### 23. The PIC must abort the flight i n the event of unpredicted obsta cles or emergencies in

accordance with the operating documents.



### 24. The PIC is prohibited from beginning a flight unless (consideri ng wind and forecast weather

conditions) there is enough power to fly at normal cruising spe ed to the intended landing point and land the UA with 25% battery power remaining.



### 25. The operator must obtain an Air Traffic Organization (ATO) issu ed Certificate of Waiver or

Authorization (COA) prior to c onducting any operations under th e grant of Exemption, (except when a ‘blanket’ 200-foot COA is issued under new FAA policy). 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 18 the ATO issued COA including class of airspa ce, altitude level and potential transponder requirements.



### 26. All aircraft operated in accordan ce with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have ident ification (N- Number) markings inJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx accordance with 14 C.F.R. par t 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 t han 14 C.F.R. 91.9 and 91.203 mus t be available to the PIC at

the Ground Control Station of the SUAS any time the SUAS is ope rating. These documents must be made available to the Administrator or any law enforcement o fficial upon request.



### 29. The SUAS must remain clear and yield the right of way to all ma nned aviation operations and

activities at all times.



### 30. The SUAS may not be operated by t he 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 pres ent that sufficiently protect no nparticipating 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 situat ion arises where nonparticipating persons leave such protection and are within 5 00 feet of the UA, flight operations must cease immediately and/or;



### b. The aircraft is operated near vessels, vehicles or structures w here the owner/ controller of such vessels, vehicles or st ructures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those obje cts and determined that it does not present an undue hazard, and;



### c. Operations nearer to the PIC, S O, operator trainees or essentia l persons do not present an undue hazard to those persons per § 91. 119(a).



### 32. All operations shall be conducted over private or controlled-ac cess property with permission

from the land owner/controller o r authorized representative. Pe rmission from land owner/ controller or authorized representative will be obtained for each flight t o be conducted.



### 33. Any incident, accident, or flight operation that transgresses t he lateral or vertical boundaries of the operational area as defined by the applicable COA must be r eported to the FAA’s SUAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained o n the NTSB Web site: www.ntsb.gov



### 2. Reasons Why An Exemption From The Requirements Of Section 61.11 3(a) and (b) Would Not Adversely Affect Safety.

John D. Howorth and Aaron J. M urphy submits that the equivalent level of safety established by Section 61.113(a) and (b) w ill be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional SUAS unless that PIC has demonstrated, b y meeting minimum flight-hour and currency requirements, that the PIC is able to safely opera te the DJI Phantom 3 Professional in

a manner consistent with the ex emption, including evasive and e mergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx Considering John D. Howorth and Aaron J. Murphy’s 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. 1 1062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional SUAS SUAS, John D. Howorth and Aaron J. Murphy submits that the additional manned airmanship e xperience of a commercially certificated pilot would not correlate to the airmanship skills necessary for John D. Howorth and Aaron J. Murphy’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) an d (b) specific to SUAS, in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11884).

John D. Howorth and Aaron J. Murphy will not allow any PIC to o perate the DJI Phantom 3 Professional SUAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 2 SUAS training and currency requirements, t hat the PIC is able to safely operate

the DJI Phantom 3 Professional SUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances f rom people, vessels, vehicles

and structures.

Specifically, the PIC must hav e accumulated and logged, in a ma nner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a SUAS rotorcraft pilot ( with a minimum of 5 hours of those hours as a SUAS pilot operating the same make and model of SUAS 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 equiva lent level of safety during John D. Howorth and Aaron J. Murphy’s proposed operations. The Administ rator has held that prior documented flight experience that was obtained in compliance wi th applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA r equired that prior to conductin g operations for the purpose of motion picture filming (or simila r operations), the PIC must ha ve accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a SU AS rotor craft pilot including at least 10 hours logged as a SUAS pilot with a multi-rotor SUAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a SUAS pilot operating the same make and model of SUAS to be used for operat ions under the exemption. For clarification, the FAA considers these minimum hour requirement s to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hour s of multi-rotor time and the 10 hours may be included in the total 25 hours of SUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the precedin g 90 days (for currency purposes).

The FAA finds that at a minimum, the flight-hour requirements i n Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to sa fely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight exp erience that was obtained in compliance with applicable regulations would satisfy this requi rement. Training, proficiency, and experience-building flights can also be conducted under the gra nt of exemption to accomplish the required flight time. During training, proficiency, and experie nce- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, John D. Howorth and Aaron J. Murphy will ensure sa fe operations by not allowing any PIC to operate the DJI Phantom 3 Professional SUAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 Professional SUAS in a manner consistent with the exe mption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles andJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx 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) w ill be maintained because prior to every flight, John D. Howorth and Aar on J. Murphy will ensure that th e DJI Phantom 3 Professional SUAS is in an airworthy condition based upon the SUAS’s compliance w ith its operating documents and as

stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Sectio n 91.7(a) specific to SUAS, in circumstances similar, in all material respects, to those prese nted herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11884).



### 4. Reasons Why An Exemption From The Requirements Of Section 91.12 1 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 wi ll be maintained because the altitude information of the DJI Phantom 3 Professional SUAS will be prov ided 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 infor mation, combined with John D. Howorth and Aaron J. Murphy’s operation of the DJI Phantom 3 Profession al SUAS within visual line of sight,

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboar d the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the SUAS at ground level.

The FAA has previously granted relief from Section 91.121 speci fic to SUAS, in circumstances similar, in all material respects, to t hose presented herein (e.g. Exemp tion Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11884).



### 5. Reasons Why An Exemption From The Requirements Of Section 91.15 1(b) Would Not Ad versely Affect Safety.

A grant of this exemption would ensure an equivalent level of s afety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of th e DJI Phantom 3 Professional SUAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, John D. Howorth and Aaron J. Murphy will ensure th at it will safely operate the battery powered DJI Phantom 3 Professional SUAS during daylight hours i n VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to th e first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications o f the DJI Phantom 3 Professional SUAS; the limitations on the proposed flight operations; and th e 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 Professional SUAS p rovide audible and visual warnings to the PIC at the GCS when the SUAS experiences low battery vol tage, the first warning occurring at approximately 33% remaining batte ry power, and again at approxi mately 10% remaining battery power. At the critically low ba ttery level, the DJI Phantom SUA S will descend and land automatically

at set home.

Significantly, previous exemptions granted by the FAA concernin g Section 91.151 establish that safety is not adversely affected when the technical characteris tics and operating limitations of the SUAS are considered. Relief has been granted for manned aircraf t to operate at less than theJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx minimums pre scribed in Section 91.151, including Exemption Nos . 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91 .151 specific to SUAS, in circumstances similar, in all material respects, to those prese nted 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, 11884).



### 6. Reasons Why An Exemption From The Requirements Of Sections 91.4 05(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, John D. Howorth and Aaron J. Murphy submits 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 John D. Howorth and Aaron J. Murphy will use trained technicians to per form maintenance, alterations, or preventive maintenance on the SUAS using the methods, technique s, and practices prescribed in the operating documents (i.e., DJI Phantom 3 Professional Instructi on Manual, Monthly Maintenance Log). Furthermore, John D. Howorth and Aaron J. Murphy will doc ument and maintain all

maintenance records for the DJI Phantom 3 Professional.

Since the DJI Phantom 3 Profess ional SUAS will be inspected as outlined by the operating documents, John D. Howorth and Aaron J. Murphy will maintain th e equivalent level of safety established by Sections 91.405( a), 91.409(a)(1), and 91.409(a)( 2). A copy of the DJI Phantom 3 Professional User Manual is attached hereto as Appendix A; a co py of the DJI Phantom 3

Professional SUAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought w ill not adversely affect safety because John D. Howorth and Aaron J. Murphy will use trained technicians to perform maintenance, alterations or preventive maintenance on the SUAS using the methods, t echniques, and practices prescr ibed 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 maintenan ce of the DJI Phantom 3 Professional SUAS will be performed by trained technicians. Mai ntenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concernin g Sections 91.405(a), 91.407(a) (1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safet y is not adversely affected when the technical characteristics and oper ating limitations of the SUAS are considered.

In consideration of John D. Howorth and Aaron J. Murphy’s propo sed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional SUA S, John D. Howorth and Aaron J. Murphy subm its that safety will not be adv ersely 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 relie f specific to SU AS in circumsta nces similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11 064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11884).



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

In accordance with Section 333 of the F AA M odernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, John D. Howorth and Aaron J. Murphy requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional SUAS, which contain such safety standar ds that the Administrator find s necessary to establish a level of safety equivalent to that estab lished by 14 C.F.R. Part 21, Sub part 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), 91.4 09(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the SUAS for the limited purpose of conducting aerial video and photography over certain areas of the United S tates for compensation or hire. FMRAJ:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx Section 333 sets forth the requirements for considering whether a SUAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to nationa l security; and further, provides the authority for such SUAS to operate without airworthiness certificati on in accordance with any requirements that must be established for the safe operation of the SUAS in the NAS.

Likewise, the Administrator may prescribe special conditions pu rsuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Pro fessional SUAS, since the air worthiness 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. Secti on 21.16, entitled Special Condi tions, states the following:

If the FAA finds that the airworthiness regulations of this sub chapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engin e, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, 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 esta blish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16. Therefore, in accordance with FM RA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading E dge’s intended operation of the DJI Phantom 3 Professional SUAS, which contain such safety standar ds that the Administrator find s necessary to establish a level of safety equivalent to that estab lished by 14 C.F.R. Part 21, Sub part 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), and91.417(a) & (b).

25

A Summary That Can Be Published in the Federal Register, statin g: The Rules From Which John D.

Howorth and Aaron J. M urphy Seeks Exemption:

John D. Howorth and Aaron J. M urphy seeks exemption from the re quirements 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 John D. Howo rth and Aaron J. Murphy Seeks:

This exemption will permit John D. Howorth and Aaron J. Murphy to commercially operate a Small Unmanned Aircraft System (SUAS) for the purpose of conducting a erial video and photography over

certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Su pport John D. Howorth and Aaron J. Murphy’s Request.

This Petition is made pursuant to the FAA Modernization and Ref orm Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain SUAS may operate safely in the NAS. As such, John D. Howorth and Aaron J. Murphy’s requ est for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Par t 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering wh ether a SUAS will create a hazard to users of the NAS or the public, or otherwise pose a threat t o national security; and further, provides the authority for such SUAS to operate without airworthiness ce rtification. As discussed in detail above, John D. Howorth and Aaron J. Murp hy will operate the DJI Phantom 3

Professional SUAS in the NAS, without creating a hazard to users of the NAS, or t he public, or otherwise pose a threat to national security.J:\Marketing\Drone\Petition\DJI Phantom 3 SUAS Petition 2015-07-14.docx CONCLUSION:

As set forth herein, John D. Howorth and Aaron J. Murphy 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 Professional SUAS commercia lly, without an airworthiness certificate, for the limited purp ose of conducting aerial video and photography over certain areas of the United States. By granting th is Petition, the FAA Administr ator 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 John D. Howorth and Aaron J. Murphy to safe ly, efficiently, and economically operate the DJI Phantom 3 Professio nal SUAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, J ohn D. Howorth and Aaron J. M urphy 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 Leading Edge to operate the DJI Pha ntom 3 Professional SUAS commercially for the purpose of conducting aerial video and pho tography over certain areas of the

United States.

Dated: July 14, 2015

Respectfully submitted,

Sincerely,

John D. Howorth, PE

President 3J Consulting, Inc.

Aaron J. Murphy, PE Project Manager 3J Consulting, Inc.

copy: File