### October 5, 2015
Attn: 

### U. S. DepartmentofTransportationDocket Operations West Building Ground Floor, Room w12-140 1200NewJersey Ave, SE Washington, DC 20590

RE: CHARLES FAWCETT dba. CHARLES FAWCETTAND ASSOCIATES REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF 

### THE CODE OF FEDERAL REGULATIONS ' SECTIONS 61.113(a) & 

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

### (a)(2), AND 

### 91.417(a) & 

### (b) 

### CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND

### REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Charles Fawcett, dba. Charles Fawcett and Associates 3704BurOakDr. 

### Colleyville, Texas 76034 

### 817-807-2411 charlie2754@gmail.com

### GLOSSARY OF ABBREVIATIONS

...................................................................................3

SUMMARY

...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER.

...................................................4

BACKGROUND

....................................................................................................................4

BASIS FORPETITION

.........................................................................................................S

NAME AND ADDRESS OF PETITIONER

.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CHARLES FAWCETT AND ASSOCIATES SEEKS THE EXEMPTION

............................................................................................................? 

### Page

THE EXTENT OF RELIEF CHARLES FAWCETT AND ASSOCIATES SEEKS AND THE REASON CHARLES FAWCETT AND ASSOCIATES SEEKS THE RELIEF

..............................................................lO 

### THE REASONS WHY GRANTING CHARLES FAWCETT AND ASSOCIATES REQUEST WOULD BE IN THE PUBLIC INTEREST

............................................................................................12 

### THE REASONS WHY GRANTING THE EXEMPTION TO CHARLES FAWCETT AND ASSOCIATES WOULD NOTADVERSELY AFFECT SAFETY

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

..................25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT THE AL TEKMEDIA GROUP'S REQUEST

..................................................25 CONCLUSION

.....................................................................................................................25 APPENDICES

......................................................................................... 26

2

### AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section333 

## so SOP UA UAS VFR VLOS VMC VTOL 

### GLOSSARY OF ABBREVIATIONS Above Ground Level Areaoflnterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman PilotInCommand FAAModernization andReform Act of2012 (FMRA) Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3

### SUMMARY Charles Fawcett, dba. Charles Fawcett and Associates hereafter referred to as Charles Fawcett and Associates, seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) 

### & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & 

### (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit Charles Fawcett and Associates to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography ofconstruction sites, residential and commercial real estate, civil landscapes and events over certain areas oftheUnited States. 

### INTRODUCTIONAND INTERESTS OFTHEPETITIONER The Charles Fawcett and Associates has for over thirty yearsprovided their clients with expertise and knowledge 

### in Real estate, agriculture, construction, landscape and irrigation design and construction, Charles Fawcett and Associates has worked onthousands projects over the past 30 years inall types oflocations with a perfect client and employee safetyrecord. The objective of Charles Fawcett and Associates and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, andresidentialuses, specificallytargeting

• Construction sites before and after
• Appraisals
• Real-estate marketing
• Economic development
• Civic landmarks
• Special eventcoverage • SearchandRescue
• Aerial video and cinematography
• Crop scouting



### BACKGROUND Unmanned Aircraft Systems: DJIPhantom 3, UAS Charles Fawcett and Associates seeks an exemption to operate DJI Phantom 3 system for compensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2", a maximum speed of approximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 is equipped withfour mainrotors; drivenbyLithium Polymerbatterypowered electric motors.

4The DJI Phantom 3 that will be operated by Charles Fawcett andAssociates will beregistered in accordance with 49 U.S.C. 44103, Registration of Aircrtift, as well as 14 C.F.R Part 47,Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification andRegistration Marking.



### BASIS 

### FORPETITION Petitioner, Charles Fawcett and Associates, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administratorto commercially operate the DJIPhantom 3, UAS intheNational Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (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, Charles Fawcett and Associates operation ofDJIPhantom 3 UAS meets the conditions ofFMRA Section 333 andtherefore, will notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Accordingly, Charles Fawcett and Associates requests relief from Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections setforth requirements for maintenance that only apply to aircraft withan airworthiness certificate. Charles Fawcett and Associates submits that the requested relief is proper since an equivalent level ofsafetywill be ensured. Charles Fawcett and Associates willuse experiencedpersonnel or technicians to perform maintenance, alterations, orpreventive maintenance onthe UAS usingthe methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Charles Fawcett and Associates will document and maintain all maintenance records for the DJIPhantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilotprivileges and limitations: Pilot in command, is requested by Charles Fawcett and Associates to the extent necessary to allow a PilotinCommand (PIC) holding a privatepilotorhigher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, thatthe PIC is able to safely operate the DJIPhantomUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Charles Fawcett and Associates seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Charles Fawcett and Associates submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by. determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), andthat the aircraft are in a condition for safe flight.

5Charles Fawcett and Associates also seeks an exemption from the requirements of Section 91.121, entitledAltimeterSettings, as the DJIPhantom 3 UAS will nothave a typical barometric altimeter onboard. However, altitude information ofthe DJIPhantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combined with Charles Fawcett and Associates operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safetyequivalentto Section91.121. Additionally, Charles Fawcett and Associates seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirementsforflight in VFR conditions. Charles Fawcett and Associates submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery powerindicators are also able to show exactly howmuchbattery power is left, as well as how muchtime is needed to return safelybackto point oftake off. In accordance with 14 C.F.R 

### § 11.81, The ALTEK MEDIA GROUP provides the following informationin support ofitspetitionfor exemption:

A. 

### Name And Address OfThe Petitioner. The name and address ofthe Petitioner andpoint ofcontactis:

Charles Fawcett, dba. Charles Fawcett and Associates 3704 Bur OakDr. Colleyville, Texas 76034 817-807-2411 charlie2754@gmail.com

6

### B. The Specific Sections Of 14 C.F.R. From Which Charles Fawcett and Associates Seeks Exemption. 1. Charles Fawcett and Associates Seeks Exemption From The Requirements Of Section 61.113(a) And 

### (b). Section 61.113, entitled Private pilot privileges and limitations: 

### Pilot in command, subsections (a) and (b) prescribe the following, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire;
normaythatperson, for compensationorhire, act as PIC ofanaircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwith any business oremployment

### i:f.- (1) The flight is only incidentalto thatbusiness or employment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. 

### 2. Charles Fawcett and Associates Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled 

### Civil aircraftairworthiness, subsection (a), statesthe following: (a) Nopersonmay operate a civil aircraftunless itis in an airworthy condition. 

### 3. Charles Fawcett and Associates Seeks Exemption From The Requirements Of Section 91.121.Section 91.121, entitled Altimeter settings, subsection (a), statesthe following, inpart: (a) Eachperson operating an aircraft shall maintainthe cruising altitude orflight level ofthat 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 ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) 

### In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.

7

### 4. Charles Fawcett and Associates Seeks Exemption From The Requirements Of Section 91.15l(b). Section 91.151, entitledFuel requirements for flight in VFR conditions, subsection (b), statesthe following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for at least20minutes. 

### 5. Charles Fawcett and Associates Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each
owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepanciesrepaired as prescribed inpart43 ofthis chapter[.] 

### 6. Charles Fawcett and Associates Seeks Exemption From The Requirements Of Section 91.407(a)(l) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(l), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless-- (1) It has been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 

### 7. Charles Fawcett and Associates Seeks Exemption From The Requirements OfSections 91.409(a)(l)And91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Except as provided 

### in paragraph (c) ofthis section, no person may operate an aircraftunless, withinthe preceding 12 calendarmonths, ithas had-- (1) 

### An annual inspection 

### in accordance with part 43 ofthis chapter and has been approved for returnto service bya personauthorizedby§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart 21 ofthis chapter.

88. Charles Fawcett and Associates 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 oroperator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe workperformed; and (iii)The signature, and certificate numberofthepersonapproving the aircraft for returnto service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul ofall items installed on the aircraft which
are required to be overhauled ona specifiedtime basis. (iv) The current inspection status ofthe 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 whenthe next actionisrequired.

(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.

9(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(1) ofthis 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 inparagraph (a)(2) ofthis section shall be retained and transferred withthe aircraft atthetime the aircraft is sold. (3) A list ofdefects 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 returnto service.

C. The Extent OfRelief Charles Fawcett and Associates Seeks And The Reason Charles Fawcett and Associates Seeks The Relief. 1. Extent OfReliefCharles Fawcett and Associates Seeks And TheReason Charles Fawcett and Associates Seeks ReliefFrom Section 61.113(a) And (b). Relieffrom Section 61.113(a) and (b) entitled Privatepilotprivileges 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 conductthe proposed UAS flight operations for compensationorhire. 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 oremployment; and (2) The aircraft does not carrypassengers orproperty for compensationorhire. As setforth more fully below, Charles Fawcett and Associates submitsthat anequivalent level of safety will be maintained because no PIC will be allowed to operate the 

## Dn Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DR Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Charles Fawcett and Associates submits that all flights ofthe 

## Dn Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Charles Fawcett and Associates business; and (2) will not carry passengers orproperty for compensation
orhire.

102. ExtentOfReliefCharles Fawcett andAssociates Seeks And TheReason CharlesFawcett and Associates SeeksReliefFrom Section 91.7(a). Relief from Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow Charles Fawcett and Associates to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Charles Fawcett and Associates Aerial Operations Manual, Monthly Maintenance Log, andDJIPhantom 3 InstructionManual). Charles Fawcett and Associates seeks the requested reliefbecause the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Charles Fawcett and Associates will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are inconditionfor safe flight, as stated inthe conditions and limitationsbelow;

3. Extent OfReliefCharles Fawcett and Associates Seeks And TheReason Charles Fawcett and Associates Seeks ReliefFrom Section91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Charles Fawcett and Associates seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometricpressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought tothe extentnecessaryto 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 

### VAS are 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 withaltitude information ofthe UA ontheheads-up display ofthe GCS.

4. Extent OfReliefCharlesFawcett and Associates Seeks AndTheReason CharlesFawcett and Associates SeeksReliefFrom Section91.15l(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of23 minutes. Charles Fawcett and Associates seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the

11battery powered DJI Phantom 3 UAS will severely constrain the practicality ofany aerial video
or still photo flight operations that Charles Fawcett and Associates proposes to conduct pursuant to this Petition. Significantly, as setforth below, thetechnical specifications ofthe DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Charles Fawcett and Associates proposed operating limitations, ensure that Charles Fawcett and Associates will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), withenough batterypowerto fly for a total duration of23 minutes.

5. Extent OfReliefCharles Fawcett and Associates Seeks And TheReason CharlesFawcett and Associates Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) 

### & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & 

### (b) only apply to aircraft with an airworthiness certificate, Charles Fawcett and Associates requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, Charles Fawcett and Associates will
use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Charles Fawcett and Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Charles Fawcett and Associates will document and maintain all maintenance records for the DJIPhantom 3 UAS.

D. The Reasons Why Granting Charles Fawcett and Associates Request Would Be In The PublicInterest; ThatIs,How ItWould BenefitThePublicAsA Whole. Granting the present Petition will further the public interest by allowing Charles Fawcett and Associates to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events and civic landscape overcertain areas ofthe United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Charles Fawcett and Associates proposed operation ofthe DJI Phantom 3 UAS will be realized without implicating any privacy issues.

1. ThePublicWillBenefitFrom Decreased Congestion OfTheNAS. The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. Byreducing the
12amount ofmanned aircraftneeded to perform aerial acquisitions, an exemption allowing the use ofa DJI Phantom 3 UAS would reduce the amount ofmanned aircraft inthe NAS, reduce noise and airpollution, as well as increasethe safety oflife andproperty inthe air and onthe ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handledby airtraffic control during the ground, takeoff, departure, arrival, and landingphases of flight operations.

2.ThePublicWillBenefitFrom The Safety AndEfficiency OfTheDJIPhantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled by batterypowered electric motors, rather than aninternal combustionengine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property inthe airand onthe ground, whichisusually associated withtraditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a lengthof34feet, and a fuel capacity of 180 gallons). 3. PerformingAerialVideo and Photography OperationsWithTheDJIPhantom3 UAS WillBenefitTheEconomy. 

### In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Charles Fawcett and Associates, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater

13operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft.

By operatingthe DJIPhantom 3UAS, companies such as Charles Fawcett andAssociates, can remain competitive andprofitable, andtherefore, provide greaterjob stabilityto employees and contractors, which will ultimately contributeto growth ofthe U.S. economy. Improvedfinancial performance ofU.S. companies, through commercialuse ofthe DJI Phantom 3 UAS, provides a stable workforcethatincreases consumer spending; improves local, state, and federal tax revenues; and allows companiesto invest inresearch and developmentin ordertoremain competitive both inthe United States and abroad.



### 4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Charles Fawcett andAssociates proposed operationoftheDJIPhantom 3 UASwill not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Charles Fawcett and Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

### § 91.119. 

### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level OfSafety At Least Equal To That Provided By TheRuleFromWhich CharlesFawcett andAssociates Seeks Exemption. 

### 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization andReform Act of2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Charles Fawcett and Associates operation of the DJI Phantom 3 UAS meetthe conditions ofFMRA Section 333, and will notrequire an airworthiness certificate in accordance with 14 C.F

### .R. Part 21, SubpartH. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazardto users ofthe NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, inpart: (a) In General.--Notwithstanding anyother requirement of this subtitle, andnot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of thisActor the guidance requiredbysection 334 of thisAct.

14(b) 

### Assessment ofUnmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, ata minimum-- (1) which types of unmannedaircraft systems, 

### if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, andoperation within visual line of sightdo notcreate a hazardto users ofthe 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 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). 

### (c) Requirementsfor Safe Operation.--lf the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch aircraftsystems in the national airspace system. In seeking this exemption, Charles Fawcett and Associates submits thatthe DJIPhantom 3 UAS
can operate safely 

### in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. TheSpecifications OfTheDnPhantom 3 UAS DemonstrateIts Safe Characteristics. The DJIPhantom 3 UAS does not create a hazardtousers oftheNAS orthe public, orotherwise pose a threatto national security considering its size, weight, speed, andoperational capability. i. Technical Specifications OfTheDnPhantom 3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attachedhereto as Appendix A. ii. TheDnPhantom3 UAS GlobalPositioningModesEnableTheUAS ToRemain WithinA DermedOperationalArea. The DJIPhantom 3 UAS may be operated

### inbothmanual and global positioning flight modes. A complete description oftheflight andnavigational modes ofthe DJI Phantom 3 UAS isprovided atpages 11 ofthe DJI Phantom 3 UserManual attachedhereto as Appendix A. 

### iii. TheDnPhantom3 UAS AreDesignedForAutomatic Return ToHomePoint OrHoverIn The EventOfLoss OfTheControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJIPhantom 3 UAS does notreacquire control linkdata from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) viaGPS, and will descendtothe takeoffposition and shutdown.

15A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJI Phantom 3 UserManual, attachedhereto as Appendix A 

### iv. TheDJIPhantom3 GCSAndIts Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 UserManual is attached hereto as Appendix A. 

### b. FlightOperations OfDJIPhantom3 UAS IsLimitedTo TheLine OfSight OfA Certificated Pilot in CommandWithA Safety Observer. Charles Fawcett and Associates video production staffwill be the onlypersonsto act as a pilotin command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist 

### him at all times, as necessary, during flighttime.



### c. Flights OfDJIPhantom 3 UAS WillBeConductedPursuantTo Specific Operating Limitations. 

### In seekingthis exemption, Charles Fawcett and Associatesproposes to commercially operate DJI Phantom 3 UAS for the special purpose ofconducting aerial video andphotography over certain
areas ofUnited States, pursuanttothe following specific operating limitations. 1. Operations authorized by this grant of exemption will be limited to the following aircraft described 

### in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amendthis grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video andphotography. 3. The UAS maynotbe flown at an indicated airspeed exceeding 20 knots. 4. The UAmustbe operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeetAGL. 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

167. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long asthe 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 cannottransfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO mustnotperform any other duties beyond assistingthe PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permittedto operate the cameraorotherinstruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined inthe operating documents, the conditions and limitations contained inthe grant ofexemption take precedence andmustbe 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 uponrequest. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. Ifthe 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 ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Priorto eachflight thePICmustinspectthe UASto ensure that itis in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation of theUAS, the aircraft isprohibited from operating untilthe necessary maintenancehas beenperformedandthe UAS is found to be ina condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations mustbeproperly documented inthe aircraftrecords.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight mustmake anentry 

### inthe aircraftrecords. 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 ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, andlife limitrequirements.

1714. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted inthe aircraft records, including total time in service, description of work accomplished, and the signature ofthe authorized personreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person mustmake an entry inthe aircraft record ofthe corrective action taken against discrepancies discoveredbetweeninspections. 17. The PIC mustpossess at least a private pilotcertificate and atleast a currentthirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS ina manner consistent withhowthe UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.P.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.P.R.§ 91.119. 19. UAS operations may notbe 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 ofoperations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles ofan 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 withthe airport management must be made available to the Administrator uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is less

### than 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents.

1823. The PIC must abortthe flight inthe event ofunpredicted obstacles or emergencies inaccordance withthe 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 landingpoint and landthe UA with 25% batterypowerremaining. 25. The operator must obtain anAir Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) prior to conducting any operations underthe grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior

### to the operation. All operations shall be conducted inaccordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operated in accordance withthe exemptionmustbe identifiedby serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agencyrequirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official uponrequest. 29. The UA must remain clear and yield the right of way 

### to all manned aviation operations and activities at all times. 30. The UAS may not be operatedbythe PIC from any moving device orvehicle. 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 ofthe UA, flight operations mustcease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch 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;
19c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anundue hazardtothosepersonsper 

### § 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 operationthat transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions containedontheNTSB Web site: www.ntsb.gov.

2. Reasons 

### Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would NotAdversely Affect Safety. Charles Fawcett andAssociates submits thatthe equivalentlevel ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DnPhantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Charles Fawcett and Associates 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 

### Dll Phantom 3 UAS, Charles Fawcett and Associates submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Charles Fawcett and Associates specific proposedflight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,11065,11066,11067,11080, 11109,11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160; 11161). Charles Fawcett and Associates will not allow any PIC to operatethe DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 3 UAS training and currencyrequirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.F.R. § 61.5l(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of

### 5 hours ofthose

20

# .......________________

hours as a UAS pilot operatingthe same make and model ofUASto be used for operations under the exemption). 

### In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currencypurposes). 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 Charles Fawcett and Associates 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 ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, 

### in a manner consistent with 14 CFR 61.5l(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least I0 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of

### 5 hours as a UAS pilot operating the same make and model ofU AS to be used for operations under the exemption. For clarification, the FAA considersthese minimumhour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included inthe 10hours ofmulti-rotortime andthe 10 hours may be included inthe total 25 hours ofUAS 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 fmds that at a minimum, the flight-hour requirements in ExemptionNo. 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 accomplishthe required flight time. Duringtraining, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R91.119.

ExemptionNo. 11138 atpage 15. Accordingly, Charles Fawcett and Associates will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

21The equivalent level ofsafety established by Section 91.7(a) will be maintained because priorto every flight, Charles Fawcett and Associates will ensure that the DJI Phantom 3 

### VAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated inthe conditions and limitationsherein. Additionally, the FAA has previously granted relieffrom Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067,11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not AdverselyAffect Safety. The equivalent level of safety established by Section 91.121 will 

### be maintained because the altitude information ofthe DJI Phantom 3 

### VAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the 

### VA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Charles Fawcett and Associates operation ofthe OJI Phantom 3 

### VAS within visual line ofsight, at orbelow 500 feet AGL, will ensure a level ofsafety equivalent to Section91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiationpointis automatically established bythe 

### VAS at ground level. The FAA has previously granted relieffrom Section 91.121 specific to 

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

5. Reasons Why An Exemption From The Requirements OfSection 

### 91.l51(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of(I) the technical specifications ofthe OJI Phantom 3 

### VAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Charles Fawcett and Associates will ensure that it will safely operate the battery powered DJI Phantom 3 

### VAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 

### VAS; the limitations on the proposed flight operations; and the location ofthe 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 DJIPhantom 3 

### VAS provide audible and visual warnings to the PIC at the GCS when the 

### VAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery



### 22power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whenthetechnical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would Not Adversely Affect Safety. In seeking this exemption, Charles Fawcett and Associates 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)(l) & (a)(2), and 91.417(a) 

### & (b) will bemet because Charles Fawcett and Associates will use trained technicians to perform maintenance, alterations,
or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Charles Fawcett and Associates Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Charles Fawcett and Associates will document and maintain all maintenance records for the DJIPhantom 3UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Charles Fawcett and Associates will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy ofthe DJI Phantom 3 User Manuals
are attached hereto as Appendix A and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Charles Fawcett and Associates will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 UAS 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)~l)** & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthetechnical characteristics and operating limitations ofthe UAS are considered.

23In consideration ofCharles Fawcett and Associates proposed operating limitations, the operating documents, andthetechnical aspects ofthe DJI Phantom 3 UAS, Charles Fawcett and Associates submits that safety will notbe adversely affected by granting exemptionfrom 14 C.F.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 7. The FAA May PrescribeAny Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.P.R. 

### § 21.16 entitled Special Conditions, Charles Fawcett and Associates requests that the FAA prescribe special conditions for the intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users oftheNAS orthe public, orotherwise pose athreatto national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS 

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

### § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.P.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 ofa novel or unusual design feature ofthe 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 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalentto that established inthe regulations. See 14 C.P.R.§ 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.P.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R Sections

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### 61.113(a) & 

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

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



### • A Summary That Can Be Published In The Federal Register, stating: The Rules FromWhich TheCharlesFawcett andAssociates Seeks Exemption:

Charles Fawcett andAssociates seeks exemptionfrom the requirements of14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and91.417(a) & (b). 

### A Brief Description Of The Nature Of The Exemption Charles Fawcett and Associates Seeks: This exemption willpermit Charles Fawcett andAssociates to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video and photographyover certain areas of the UnitedStates.



### • Any Additional Information, Views, Or Arguments Available To Support CharlesFawcettandAssociates Request.

This Petitionis madepursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportationto determine ifcertain UAS may operate safely in the NAS. As such, Charles Fawcett and Associates request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, providesthe authority for suchUAS to operate without airworthiness certification. As discussed in detail above, Charles Fawcett and Associates will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, Charles Fawcett and Associates seeks anexemption pursuant to 14 C.F.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the 

### Dll Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting 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 Charles Fawcett and Associates to safely, efficiently, and economically operate the DJIPhantom 3 UAS commercially withinthe NAS.

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### WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 133, Charles Fawcett and Associates 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)(l), 91.409(a)(l} & (a)(2), and 91.417(a) & (b), and permitLeadingEdgeto operatethe DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography

over certain areasofthe United States.
Dated: June 10,2015 Respectfullysubmitted,

CharlesFawcett, dba. CharlesFawcett and Associates 3704 BurOakDr. Colleyville; Texas 76034 817-807-2411

A- 

### LinktoDJIPhantom 3

### Manual: Clickonlinkbelowhttp://download.djiinnovations.com/downloads/ hantom 3/en/Phantom 3 Professional User Manual v1.2 en. df

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