Civil Engineering 

 Water Resources 

 Land Use Planning 

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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 submitted without legal counsel or consulting 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 an 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 regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with 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 advanced SUAS in the following areas: 

 Marketing 

 Survey 

 Construction Review; and 

 Special Events 

The objective of John D. Howorth and Aaron J. Murphy is to provide 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 consent and knowledge and that only people 

who have consented or otherwise have agreed to be in the area where videography and 

photography will take place. 

Background (Small Unmanned Aircraft System):

SUAS are often seen as superior to helicopters as an aerial video gathering platform due to the 

smaller devices, affordable equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety. 

John D. Howorth and Aaron J. Murphy are petitioning for an exemption 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 restrictions and to limit the radius of the 

distance it flies from the operator and to exclude it from operations within designated Class B, C 

and D airspace including a no-fly zone feature. The DJI Phantom 3 Professional also has a failsafe 
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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 its point of takeoff and land safety. If the 

connection is restored, the Pilot in Command (PIC) can regain control of flight and land manually. 

The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Small Unmanned Aircraft

System with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

DJI Phantom 3 Professional has a maximum gross weight of approximately 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/second) 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 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:

Petitioners, John 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 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 Professional that has a maximum gross weight of 

approximately 1280 grams, while having a length of 417 millimeters SUAS 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, 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 accordance 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 these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

John D. Howorth and Aaron J. Murphy submits that the requested relief is proper since an equivalent 

level of safety will be ensured. John D. Howorth and Aaron J. Murphy will use experienced personnel 

or technicians to perform maintenance, alterations, or preventive 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 Manual). Furthermore, John D. 

Howorth and Aaron J. Murphy will document and maintain all maintenance 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 Command (PIC) holding a private pilot or higher level certificate, as well 

as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and 

currency requirements, that the PIC is able to safely operate DJI Phantom 3 Professional SUAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

John D. Howorth and Aaron J. Murphy seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI 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 airworthy 
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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 Professional Instruction Manual), 

and that the aircraft is in a condition for safe flight. 

John D. Howorth and Aaron J. Murphy also seek an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional 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 Professional SUAS within visual line of sight, at or below 400 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, John 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 operation of the DJI Phantom 3 

Professional SUAS during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes 

to 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, 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 and Aaron J. Murphy Seeks 

Exemption.

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

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, Section 61.113, 

entitled Private pilot privileges and limitations: Pilot in command, subsections 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. 
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(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. Petitioners Seek Exemption 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. Petitioners Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, 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. Petitioners Seeks 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. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or 

operator of an 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. 
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6. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

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

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

maintenance, rebuilding, or alteration unless - 

(1) It has been approved for return to service by a person authorized under § 43.7 

of this chapter. 

7. Petitioner Seeks 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. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) and 91.417(b).

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

(a) Except for work 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 of 

this section: 

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

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

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

propeller, rotor, 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 

(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. 
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(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

(v) The current 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 And The Reason Petitioners Seeks The Relief.

1. Extent Of Relief And The Reason Petitioners Seeks Relief From Section 61.113(a) and (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed SUAS 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, John D. Howorth and Aaron J. Murphy 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 requirements, demonstrating that the 

PIC is able to safely operate either the DJI Phantom 3 Professional SUAS in a manner consistent

with the operations specifications as described in this exemption, including evasive and emergency 
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maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Further, John D. Howorth and Aaron J. Murphy submit that all flights of the DJI Phantom 3 

Professional SUAS, conducted by the PIC pursuant to the 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 Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, 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 the SUAS is in compliance with the 

operating documents (i.e. DJI Phantom 3 Professional Instruction 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 accordance 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, as stated in the 

conditions and limitations below. 

3. Extent Of Relief and The Reason Petitioner Seeks 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 Professional which utilizes 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 

SUAS operations be reported to air traffic control (ATC) in feet 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, 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 

Professional is equipped with a barometric pressure 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 heads-up display of the GCS. 

4. Extent Of Relief and The Reason Petitioner Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the battery powered DJI Phantom 3 Professional during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 

13.5 minutes to the first point of intended landing and, assuming 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 time duration of the battery powered DJI Phantom 3 Professional will 

severely constrain the practicality of any aerial video or still photo flight operations that John D. 

Howorth and Aaron J. Murphy proposes to conduct pursuant to this Petition. 
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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, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes. 

5. Extent Of Relief and The Reason Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 

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

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 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 meets the conditions of FMRA Section 

333 for operation without an airworthiness certificate. Accordingly, John D. Howorth and Aaron J. 

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

on the SUAS using the methods, techniques, and practices prescribed 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 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 John D. Howorth and Aaron 

J. Murphy to safely, efficiently, and economically perform aerial video and photography over certain 

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

residential uses.

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

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

Howorth and Aaron J. Murphy ‘s proposed operation of the DJI Phantom 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 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 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 operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. 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 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 Professional SUAS.

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

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 noise pollution, as the SUAS is propelled 

by battery powered electric motors, rather than an internal combustion 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 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 Professional SUAS (weighing 

approximately 1280 grams respectively, at the maximum gross weights with length of 417 millimeters 

respectively, 417 millimeters 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. 

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

SUAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional 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 individuals, like John D. Howorth and 

Aaron J. Murphy, 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 SUAS, DJI 

Phantom 3 Professional 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 Professional SUAS, individuals such as John D. Howorth and Aaron 

J. Murphy, 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 Professional,

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, 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 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 John D. Howorth and Aaron J. Murphy Seeks Exemption.

1. Reasons Why the DJI Phantom 3 Professional SUAS Meet the Conditions of the FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333.
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In consideration of the size, weight, speed, and limited operating 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 with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a SUAS to operate without airworthiness certification and sets forth 

requirements for considering whether a SUAS 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, John D. Howorth and Aaron J. Murphy submits that the DJI Phantom 3 

Professional SUAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: (a) the characteristics of the 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 Demonstrate Its Safe 

Characteristics.

The DJI Phantom 3 Professional does 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 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 Appendix A. 

ii. The DJI Phantom 3 Professional SUAS Autonomous Flight And Navigation Modes Enable The 

SUAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional SUAS may be operated in both manual and fully autonomous 
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flight modes. A complete description of the flight and navigational 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 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 Professional SUAS will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional 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 Phantom 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 the 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 Manuals are attached hereto as 

Appendix A. 

b. Flight Operations Of DJI Phantom 3 Professional SUAS Are Limited 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. Additionally, a safety observer will assist them 

during flight time. 

c. Flights Of DJI Phantom 3 Professional SUAS Will Be Conducted Pursuant 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 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 as a rotorcraft SUAS weighing less than 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 amend this grant. 

2. SUAS operations under this exemption will be limited to conducting 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 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 SUAS must be operated within visual line of sight (VLOS) of the PIC at all times. This requires 
J:\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 other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate. 

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

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able 

to communicate verbally at all times. Electronic 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 SUAS 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 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 that it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the SUAS, the aircraft is 

prohibited from operating until the necessary maintenance has been 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 documented in the aircraft records. 

11. Any SUAS that has undergone maintenance or alterations that affect the SUAS operation or 

flight characteristics, e.g. replacement of a flight critical 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 pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

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

documents. 

13. The operator must follow the SUAS 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 

SUAS to service. 

15. Each SUAS operated under this exemption must comply with all manufacturer Safety Bulletins. 
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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 SUAS in a manner consistent 

with how the SUAS will be operated under the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 

PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). 

Flights for the purposes of training the operator’s PICs are permitted under the terms of the 

exemption. However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential for 

flight 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. SUAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of operations. 

Flights under special visual flight rules (SVFR) are not authorized. 

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

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance 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 than 2,000 feet horizontally from 

a cloud or when visibility is less than 3 statute miles from the PIC. 

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

location within the planned operating area and land or be recovered in accordance with 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, (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 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 
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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 SUAS any time the SUAS is operating. These documents must 

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

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

activities at all times. 

30. The SUAS 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 controlled-access 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 SUAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) and (b) Would Not 

Adversely Affect Safety.

John D. Howorth and Aaron J. Murphy submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 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 in 

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

maintaining appropriate distances from people, vessels, vehicles and structures. 
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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. 11062); 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 experience 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) and (b) specific to SUAS, 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, 11884). 

 

John D. Howorth and Aaron J. Murphy will not allow any PIC to operate 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, that 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 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 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 equivalent level of safety during John D. 

Howorth and Aaron J. Murphy’s 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 SUAS 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 operations under the exemption. For 

clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours 

may be included in the total 25 hours of SUAS rotorcraft time. In addition to the hour requirements, 

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

The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was obtained in 

compliance with applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and experience- building flights the 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 safe 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 exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 
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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, John D. Howorth and Aaron J. Murphy will ensure that the DJI Phantom 3 Professional SUAS 

is in an airworthy condition based upon the SUAS’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 SUAS, 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, 11884). 

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 Professional SUAS 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 John D. Howorth 

and Aaron J. Murphy’s operation of the DJI Phantom 3 Professional 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 onboard 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 specific to SUAS, 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, 11884). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Ad versely 

Affect Safety.

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 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 that it will safely operate the battery 

powered DJI Phantom 3 Professional SUAS during daylight hours in VFR conditions, 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. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional 

SUAS; 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 Professional SUAS provide audible and visual warnings 

to the PIC at the GCS when the SUAS 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 Phantom SUAS will descend and land automatically 

at set home. 

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 

SUAS are considered. Relief has been granted for manned aircraft to operate at less than the 
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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 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, 11884).

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, 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 perform maintenance, alterations, or 

preventive maintenance on the SUAS using the methods, techniques, and practices prescribed in the 

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. 

Since the DJI Phantom 3 Professional SUAS will be inspected as outlined by the operating 

documents, John D. Howorth and Aaron J. Murphy will maintain the 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 copy of the DJI Phantom 3 

Professional SUAS Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will 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, 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 

Professional SUAS will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log. 

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 SUAS are considered. 

In consideration of John D. Howorth and Aaron J. Murphy’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 Professional SUAS, John D. 

Howorth and Aaron J. Murphy submits 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 SUAS 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, 11884). 

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, 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 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 SUAS for the limited purpose of conducting 

aerial video and photography over certain areas of the United States for compensation or hire. FMRA 
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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 national security; and further, provides the 

authority for such SUAS to operate without airworthiness certification 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 pursuant to 14 C.F.R. § 21.16, for 

operation of the DJI Phantom 3 Professional SUAS, 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 Professional SUAS,

which contain such safety standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and91.417(a) & (b). 

25 

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

Howorth and Aaron J. Murphy Seeks Exemption:

John D. Howorth and Aaron J. Murphy 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 John D. Howorth 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 aerial video and photography over 

certain areas of the United States. 

Any Additional Information, Views, Or Arguments Available To Support John D. Howorth and Aaron J. 

Murphy’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 SUAS may operate safely 

in the NAS. As such, John D. Howorth and Aaron J. Murphy’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a SUAS 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 SUAS to operate without airworthiness certification. 

As discussed in detail above, John D. Howorth and Aaron J. Murphy will operate the DJI Phantom 3 

Professional SUAS in the NAS, without creating a hazard to users of the NAS, or the 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 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 John D. Howorth and Aaron J. Murphy to safely, efficiently, and economically 

operate the DJI Phantom 3 Professional SUAS commercially within the NAS. 

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

Reform Act of 2012, Section 333, John D. Howorth and Aaron J. Murphy 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 Phantom 3 Professional SUAS

commercially for the purpose of conducting aerial video and photography 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