FROM:

Lance Houston, J.D., LL.M.

D/B/A Lance Houston Photography, Inc.

709 Maple Street, #2

Fall River, MA 02720

Tel: (617) 420­2372

Email: lancehouston@hotmail.com

Web: www.lancehouston.com

TO:

DOCKET OPERATIONS

ROOM W12­140 OF THE WEST BUILDING

GROUND FLOOR

1200 NEW JERSEY AVENUE, SE.

WASHINGTON, DC, 20590

Regulatory Docket No. _______________

PETITION FOR EXEMPTION OF:

Lance Houston Photography, Inc.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14

OF THE CODE OF FEDERAL REGULATIONS

PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112­95)

Submitted on June 19, 2015
SUMMARY

Lance Houston Photography, Inc. seeks exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA).

This exemption will permit Lance Houston Photography, Inc. to operate an Unmanned

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

photography of client­coordinated social events and aerial video and photography of

real estate properties (for homeowners, realtors, home builders, home contractors and /

or home inspectors for real estate marketing and inspection of home exteriors) as well

as filming of special social events.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Lance Houston Photography is a photography and video production company based in

Massachusetts specializing in videography, photography, special event production with

plans to extend into film and television production. The principal of Lance Houston

Photography has been in the video production business for over ten years; have

produced over 100 promotional videos and commercials, concerts and special events.

Lance Houston Photography's objective is to conduct aerial photography and

videography in order to provide high quality digital imaging and video content to its

clients, in particular to travel agents, travel coordinators, vacation groups, social event

promoters, etc. for vacation and resort marketing utilizing DJI'S DJI Phantom 3 UAS.

More specifically, Lance Houston Photography's aerial video and photography

operations will serve in the following areas:

• Aerial event photography

• Aerial event filming

• Aerial Film & Television production

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

The proposed aerial filming will be conducted over private property with controlled

access in the NAS and with the knowledge and permit of the private property’s owner.

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Unmanned Aircraft Systems: Phantom 3 Professional UAS

Lance Houston Photography seeks an exemption to operate DJI systems DRONES for

compensation or hire within the NAS. The DJI Phantom 3 Professional is a vertical

takeoff and landing (VTOL) Unmanned Aircrafts (UAS) 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 2 pounds 11 ounces, while

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

speed of approximately 29 knots. The DJI Phantom 3 Professional UAS is equipped

with four main rotors; driven by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional UAS that will be operated by Lance Houston

Photography (trained professional), will be registered in accordance with 49 U.S.C.

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Lance Houston Photography, 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 UAS in

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

C.F.R §§ 61.113(a) & (b), 91.109, 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, Lance Houston Photography's operation of DJI

Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore,

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Accordingly, Lance Houston Photography requests 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. Lance Houston Photography submits that the requested relief is proper since

an equivalent level of safety will be ensured. Lance Houston Photography will use

experienced personnel or technicians to perform maintenance, alterations, or preventive

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

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

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Professional Instruction Manual). Furthermore, Lance Houston Photography, Inc. will

document and maintain all maintenance records for the DJI Phantom 3 Professional

UAS.

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

privileges and limitations: Pilot In Command, is requested by Lance Houston

Photography, Inc. to the extent necessary to allow a Pilot in Command (PIC) holding a

Supplemental Pilot Certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom

3 Professional UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Lance Houston Photography, Inc. seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 Professional UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such,

Lance Houston Photography, Inc. submits that it will ensure that the DJI Phantom 3

Professional UAS is in an airworthy condition, prior to every flight, by determining that

the UASs are in compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft is in a

condition for safe flight. Lance Houston Photography, Inc. also seeks an exemption from

the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3

Professional UAS will not have a typical barometric altimeter onboard. However, altitude

information of the DJI Phantom 3 Professional UA 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 Lance Houston Photography, Inc.'s operation of the

DJI Phantom 3 Professional UAS within visual line of sight, at or below 200 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, Lance Houston Photography, Inc. seeks an exemption from the

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR

conditions. Lance Houston Photography, Inc. submits that safety will not be affected by

operation of the DJI Phantom 3 Professional UA during daylight hours in visual

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery

power to fly for a total duration of 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.

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In accordance with 14 C.F.R. § 11.81, Lance Houston Photography, Inc. provides the

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

Lance Houston, J.D., LL.M.

D/B/A Lance Houston Photography, Inc.

709 Maple Street, #2

Fall River, MA 02720

Tel: (617) 420­2372

Email: lancehouston@hotmail.com

Web: www.lancehouston.com

B. The Specific Sections Of 14 C.F.R. From Which Lance Houston Photography, Inc.

Seeks Exemption.

1. Lance Houston Photography, Inc. 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, in relevant

part:

(a) No person who holds a private pilot certificate may act as a pilot in command

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

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

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

connection with any business or employment if—

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

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

hire.

2. Lance Houston Photography, Inc. Seeks Exemption From The Requirements Of

Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states

the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

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3. Lance Houston Photography, Inc. 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. Lance Houston Photography, Inc. 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. Lance Houston Photography, Inc. 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. Lance Houston Photography, Inc. 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. Lance Houston Photography, Inc. 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. Lance Houston Photography, Inc. 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 (b) of this section:

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

the 100­hour, annual, progressive, and other required or approved inspections, as

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor,

and appliance of an aircraft. The records must include­­

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

performed; and

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

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(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

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

(ii) The current status of life­limited parts of each airframe, engine, propeller, rotor, and

appliance.

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

to be overhauled on a specified time basis.

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

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

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or

safety directive number and revision date. If the AD or safety directive involves recurring

action, the time and date when the next action is required. (vi) Copies of the forms

prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and

currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of

this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

C. The Extent Of Relief Lance Houston Photography, Inc. Seeks And The Reason

Lance Houston Photography, Inc. Seeks The Relief.

1. Extent Of Relief Lance Houston Photography, Inc. Seeks And The Reason Lance

Houston Photography, Inc. 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 Supplemental

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Pilot Certificate, as well as a current and valid airman medical certificate, and who has

met certain flight­hour and currency requirements, to conduct the proposed UAS flight

operations for compensation or hire. This relief is requested since the limitations set

forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or

hire, act as PIC of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not

carry passengers or property for compensation or hire.

As set forth more fully below, Lance Houston Photography, Inc. submits that an

equivalent level of safety will be maintained because no PIC will be allowed to operate

the DJI Phantom 3 Professional UAS UA unless that PIC has met certain flight­hour and

currency requirements, demonstrating that the PIC is able to safely operate either the

DJI Phantom 3 Professional 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, Lance Houston Photography, Inc. submits that all flights of the

Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Lance Houston Photography, Inc. business; and (2) will

not carry passengers or property for compensation or hire.

Lance Houston Photography, Inc. believes that though UAS are not traditional aircrafts,

a PIC operating the UA must have knowledge of Airman rules, basic Airspace and

comply with all the rules proposed by the FAA. However, considering the fact that a UA

is almost like a toy, weighing less than a skinny person, the PIC may be except from

obtaining a Private Pilot Certificate, a Sports Certificate, a Recreational Certificate

considering these certificates require flight hours of several thousand tons weighing

aircrafts. The operation of UAS by Lance Houston Photography, Inc. is strictly for

entertainment / informational purposes, thus the operators of the UAS have a career

and / or freelance employment as a Camera Operator and Cinematographer and will be

not be entertaining a career as a pilot. Lastly, Lance Houston Photography, Inc. PICs

will operate the UAS no higher than 200 feet, consequently causing no danger do any

other aircraft in the NAS. However, Lance Houston Photography, Inc. Proposes PIC

Certification as a Supplemental pilot and a minimum requirement of successfully

completed private pilot ground school. Additionally, supplemental pilots without a

current FAA private pilot certificate must have successfully passed the private pilot,

commercial pilot, or airline transport pilot knowledge test within the past 24 calendar

months.

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2. Extent Of Relief Lance Houston Photography, Inc. Seeks And The Reason Lance

Houston Photography, Inc. 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 Lance Houston Photography, Inc. to determine that the DJI Phantom 3

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

compliance with the operating documents (i.e., the Lance Houston Photography, Inc.

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual). Lance Houston Photography, Inc. seeks the requested relief

because the DJI Phantom 3 UAS do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Lance Houston Photography,

Inc. will ensure that the DJI 3 UAS is in airworthy condition based upon its compliance

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

Professional Instruction Manual) prior to every flight, and further, determine that the

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

3. Extent Of Relief Lance Houston Photography, Inc. Seeks And The Lance Houston

Photography, Inc. 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 UAS, 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 UAS operations be reported

to air traffic control (ATC) in feet above ground level (AGL), Lance Houston

Photography, Inc. seeks the requested relief because the DJI Phantom 3 UA’s altimeter

may be set on the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.Considering the limited altitude of the proposed

operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with

the applicable conditions and limitations stated below. As more fully set forth herein, an

equivalent level of safety will be maintained since the DJI Phantom 3 Professional UAS

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 heads­up display of the

GCS.

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4. Extent Of Relief Lance Houston Photography, Inc. Seeks And The Reason Lance

Houston Photography, Inc. 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 2

Vision+, Phantom 3 Professional UAS 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. Lance Houston Photography, Inc. seeks the requested relief

because without an exemption from Section 91.151(b), the flight time duration of the

battery powered DJI Phantom 3 UA will severely constrain the practicality of any aerial

video or still photo flight operations that Lance Houston Photography, Inc. proposes to

conduct pursuant to this Petition.

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

operating documents, and Lance Houston Photography, Inc. proposed operating

limitations, ensure that Lance Houston Photography, Inc. will safely operate the battery

powered DJI Phantom 3 Professional UAS during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery

power to fly for a total duration of 13.5 minutes to the first point of intended landing and,

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

5. Extent Of Relief Lance Houston Photography, Inc. Seeks And The Reason Lance

Houston Photography, Inc. Seeks Relief From Section 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, Lance Houston Photography, Inc.

requests relief from these Sections because the DJI Phantom 3 Professional UAS do

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professional UAS meets the conditions of FMRA Section 333 for operation without an

airworthiness certificate. Accordingly, Lance Houston Photography, Inc. will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the Lance Houston Photography, Inc. Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual).

10
Furthermore, Lance Houston Photography, Inc. will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

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 Lance Houston Photography, Inc. Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS meets The Conditions Of The

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

the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, Lance Houston Photography, Inc. operation of the DJI

Phantom 3 UAS 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 UAS to operate without airworthiness certification and sets forth

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

the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.­­Notwithstanding any other requirement of this subtitle, and not later

than 180 days after the date of enactment of this Act, the Secretary of Transportation

shall determine if certain unmanned aircraft systems may operate safely in the national

airspace system before completion of the plan

and rule­making required by section 332 of this Act or the guidance required by section

334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the determination under

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

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

speed, operational capability, proximity to airports and populated areas, and operation

within visual line of sight do not create a hazard to users of the national airspace system

or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness

certification under section 44704 of title 49, United States Code, is required for the

operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.­­If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft

systems in the national airspace system.

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In seeking this exemption, Lance Houston Photography, Inc. submits that the DJI

Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS;

(b) the pilot certification requirement; and (c) the specific operating limitations.

The DJI Phantom 3 Professional UAS 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 UAS. The technical

specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI Phantom 3

Professional Specifications and Data Sheet, attached hereto as Exhibit A.

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

The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3

Professional UAS may be operated in both manual and fully autonomous flight modes.

A complete description of the flight and navigational modes of the DJI Phantom 3 UAS

is provided at pages 25­35 of the DJI Phantom 3, User Manual, attached hereto as

iii. The DJI Phantom 3 Professional UAS 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 UA will remains stationary, in flight, for 3

seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA does not

reacquire control link data from the GCS, the UA will assume that the Control Link is lost

and the UA 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 Phantom 3 UAS are set forth at pages 27 through 29 of the DJI

(Phantom 3) Professional User Manual, attached hereto as B & D.

b. Flight Operations Of DJI Phantom 3 Professional UAS is Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer. Lance Houston

Photography, Inc. will only utilize certificated pilots who possess a current and valid

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 +

UAS. Additionally, a safety observer will assist all pilots during flight time.

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c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific

Operating Limitations. In seeking this exemption, proposes to commercially operate DJI

Phantom 3 UAS 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, rotorcraft UASs weighing less

than 55 pounds maximum gross weight: DJI Phantom 2 Vision+, Phantom 3

Professional Unmanned Aircraft System. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.

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

for the purpose of aerial video and photography for homeowners, Realtors, home

builders, contractors, home inspectors for use in real estate marketing and real estate

inspections. Additionally, aerial video and photography may be conducted on occasional

basis for film and television sets, special events and landscape photography as deemed

necessary.

3. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s).

4. The UAS must be operated at an altitude of no more than 200 (500 per the User

Manual) feet above ground level (AGL), as indicated by the procedures specified in the

operating documents unless a special request is made and approved by ATC. All

altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA­issued airman medical certificate.

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

permitted.

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

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

PIC must be able to communicate verbally at all times. Electronic messaging or texting

is not permitted during flight operations. The PIC must be designated before the flight

and cannot transfer his or her designation for the duration of the flight. The PIC must

ensure that the SO can perform the functions prescribed in the operating documents.

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8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/obstructions and

is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and

the procedures outlined in the operating documents, the conditions and limitations

contained in the grant of exemption take precedence and must be followed. Otherwise,

the operator must follow the procedures as outlined in its operating documents. The

operator may update or revise its operating documents. It is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator

upon request. The operator must also present updated and revised documents if it

petitions for extension or amendment to the grant of exemption. If the operator

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

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

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

arise regarding updates or revisions to the operating documents.

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

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

UAS, the aircraft is prohibited from operating until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground Control

Station must be included in the preflight inspection. All maintenance and alterations

must be properly documented in the aircraft records.

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

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

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

make an entry in the aircraft records.

12. The pre­flight inspection must account for all potential discrepancies, e.g. inoperable

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

operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

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14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the

aircraft records, including total time in service, description of work accomplished, and

the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a Supplemental Pilot certificate and at least a current

third­ class medical certificate. Supplemental pilots must have, at a minimum,

successfully completed private pilot ground school. Additionally, supplemental pilots

without a current FAA private pilot certificate must have successfully passed the private

pilot, commercial pilot, or airline transport pilot knowledge test within the past 24

calendar months.

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

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

a manner consistent with how the UAS will be operated under the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. PIC qualification flight hours must be logged

in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the

operator’s PICs are permitted under the terms of the exemption. However, training

operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience­building flights, all persons not essential for flight operations

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

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

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

All operations must be conducted under visual meteorological conditions (VMC). If flight

at night is required, a special request will be made at the FAA office closest to proposed

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

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

denoted on a current FAA­published aeronautical chart unless a letter of

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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

predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies

in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough power to fly at normal cruising speed to the

intended landing point and land the UA with 25% battery power remaining.

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

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

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

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

operation. All operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential

transponder requirements.

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (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 of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These

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documents must be made available to the Administrator or any law enforcement official

upon request.

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

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that

nonparticipating persons remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet of the UA, flight

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permission and the

PIC has made a safety assessment of the risk of operating closer to those objects and

determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled­access property

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

from land owner/controller or authorized representative will be obtained for each flight to

be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA must be

reported to the FAA's UAS Integration Office (AFS­80) within 24 hours. Accidents must

be reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov.

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2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b)

Would Not Adversely Affect Safety.

Lance Houston Photography, Inc. 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 2 Vision +, Phantom 3 Professional 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 2 Vision +,

Phantom 3 Professional UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering Lance Houston Photography, Inc. proposed area of operations, and the

operating limitations set forth­above; the parallel nature of private pilot aeronautical

knowledge requirements to those of commercial pilot requirements (See Exemption No.

11062); and the airmanship skills necessary to safely operate the DJI Phantom 2

Vision+, Phantom 3 Professional UAS, Lance Houston Photography, Inc. submits that

the additional manned airmanship experience of a commercially certificated pilot would

not correlate to the airmanship skills necessary for Lance Houston Photography, Inc.

specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

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, Lance Houston Photography, Inc. will ensure that the DJI Phantom

2 Vision+ UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herein. Additionally,

the FAA has previously granted relief from Section 91.7(a) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

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

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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 + UA 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 Lance Houston Photography, Inc. ’ operation of the DJI

Phantom 3.

Phantom 3 UAS 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 UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

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

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

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

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 UAS; (2) the limitations on the proposed flight operations; and (3) the

location of the proposed flight operations. Accordingly, Lance Houston Photography,

Inc. will ensure that it will safely operate the battery powered DJI Phantom 3

Professional UA 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 UAS; 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 UAS

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provide audible and visual warnings to the PIC at the GCS when the UAS experiences

low battery voltage, the first warning occurring at approximately 33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically low

battery level, the DJI 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 when the technical characteristics and operating

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

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

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which Lance Houston Photography, Inc. Seeks Exemption:

Lance Houston Photography, Inc. 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 Lance Houston Photography, Inc. Seeks: This exemption will permit Lance

Houston Photography, Inc. to commercially operate an Unmanned Aircraft System

(UAS) 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 Lance

Houston Photography, Inc. Request.

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

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

certain UAS may operate safely in the NAS. As such, Lance Houston Photography, Inc.

request for exemption may be granted pursuant to the authority of FMRA Section 333

and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the

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

the public, or otherwise pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification. As discussed in

detail above, Lance Houston Photography, Inc. will operate the DJI Phantom 3

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Professional 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, Lance Houston Photography, Inc. 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 UAS

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 Lance Houston Photography, Inc. to safely, efficiently, and economically

operate the DJI Phantom 3 Vision+ UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Lance Houston Photography, Inc.

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 Lance

Houston Photography, Inc. to operate the DJI Phantom 2 Vision +, Phantom 3

Professional UAS commercially for the purpose of conducting aerial video and

photography of Real Estate Properties (for homeowners, realtors, home builders, home

contractors and / or home inspectors for real estate marketing and inspection of home

exteriors) as well as filming of special events, film sets, scripted and unscripted

television sets and landscape over certain areas of the United States.

Dated: June 19, 2015

Respectfully submitted by,

Lance Houston, J.D., LL.M.

D/B/A Lance Houston Photography, Inc.

709 Maple Street, #2

Fall River, MA 02720

Tel: (617) 420­2372

Email: lancehouston@hotmail.com

Web: www.lancehouston.com

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