UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Doug Harding

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l),

91.409(a)(l)& (a)(2), AND 91.417(a)& (b) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 2 VISION+ AND DJI PHANTOM 3

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION333OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

<PUBLIC LAW 112-95)

Submitted on June 24, 2015

Doug Harding

14328 Tippecanoe St NE 

Ham Lake, MN 55304

GLOSSARY OFABBREVIATIONS

AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS

NOTAM PIC

Section 333

SO SOP UA UAS VFR VLOS

VMC

VTOL

Above Ground Level

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations Certificate of Authorization Federal

Aviation Administration Federal Aviation Regulation Ground

Control Station

Global Positioning System
Loss of Link

National Airspace System

Notice to Airman

Pilot In Command

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

Safety Observer

Standard Operating Procedures

Unmanned Aircraft Unmanned Aircraft System Visual

Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing

SUMMARY

Doug Harding seeks exemption from the requirements of 14C.F.R§§ 61.113(a) &

(b), 91.7(a), 91.121, 91.lSl(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (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 Doug Harding to operate an Unmanned Aircraft System (UAS) for the

commercial purpose of conducting aerial video and photography of construction sites,

real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Doug Harding provides his clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. Doug 

Harding has over 8 years recreational/hobby experience with model aircraft and

videography. The objective of Doug Harding aerial video and photography operations is

to provide high quality imaging for a variety of commercial, public, and residential uses, 

specifically targeting:

• Construction sites before, during and after
• Appraisals

• Real-estate marketing

• Aerial acquisitions used for inspections of public and private structures.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+. DJI Phantom 3UASs

Doug Harding seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2 Vision+ and DJI Phantom 3 are vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet, laptop or smart phone systems. The DJI Phantom 2 Vision+ 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 3has a maximum gross weight of 1280 g, a diagonal size of 590 

mm including propellers, with a maxiumum speed of approximately 16 m/s. The DJI

Phantom 2 Vision+ and DJI Phantom 3 UAs are equipped with four main rotors; driven by

Lithium Polymer battery powered electric motors.

BASIS FOR PETITION

Petitioner, Doug Harding, 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 2 Vision

+, DJI Phantom 3UASs in the National Airspace System (NAS), and for an

exemption from the

Requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91. lSl(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, Doug Harding’s operation of DJI Phantom

2

Vision+ and DJI Phantom 3 UASs 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, Doug Harding 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 set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate.

Doug Harding submits that the requested relief is proper since an equivalent

level of safety will be ensured. Doug Harding 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 2 Vision+ and DJI Phantom 3 Instruction

Manual). Furthermore, Doug Harding will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs.

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

privileges and limitations: Pilot in command, is requested by Doug Harding to the extent 

necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 2 Vision+ and DJI Phantom 3 UASs in a manner consistent with this
exemption,including evasive and emergencymaneuvers and maintaining appropriate 

distancesfrom people, vessels, vehicles and structures.

Doug Harding seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 2 Vision+ and DJI Phantom 3UASs do not

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

such, Doug Harding submitsthat he will ensure that the DJI Phantom 2 Vision+ and DJI

Phantom 3UAS’s are in an airworthy condition, prior to every flight, by determining that

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

and DJI Phantom 2Vision+ and DJI Phantom 3Instruction Manual), and that the aircraft

are in a condition for safe flight.

Doug Harding also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 2 Vision+ and DJI Phantom 3UAs will

not have a typical barometric altimeter onboard. However, altitude information ofthe DJI 

Phantom 2 Vision+ and DJI Phantom 3UAs will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communicationstelemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This 

altitude information, combined with Doug Harding's operation of the DJI Phantom 2

Vision+ and DJI Phantom 3UASs within visual line of sight, at or below 400 feet

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

Additionally, Doug Harding seeks an exemption from the requirements of

Section 91.15l(b), entitled Fuel requirements for flight in VFR conditions. Doug 

Harding submitsthatsafety will not be affected by operation ofthe DJI Phantom 2

Vision+ andDJIPhantom 3UAS’ during daylight hours invisual meteorological

conditions (VMC)
under visual flight rules (VFR), with enough battery power to fly for a total duration of 

approximately 13.5 minutes to the first point of intended landing and, assuming normal 

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

In accordance with 14 C.F.R. § 11.81, Doug Harding provides the

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

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

Doug Harding

14328 Tippecanoe St NE

Ham Lake, MN 55304

612-803-5122

Email:

doug.b.harding@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Doug Harding Seeks

Exemption.

1.Doug Harding 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.Doug Harding Seeks Exemption From The Requirements Of Section

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

following:

(a)No person may operate a civil aircraft unlessit isin anairworthy condition.

3. Doug Harding Seeks Exemption From The Requirements Of Section 91.121. 

Section91.121,entitledAltimetersettings,subsection(a),statesthefollowing,in part:

(a) Eachperson operatinganaircraftshallmaintainthe cruising altitude orflight 

level ofthat aircraft, asthe case may be, by reference to an altimeter that isset, when

operating--

(1) Below 18,000feetMSL,to--

(i) The currentreported altimetersettingof a stationalong the route and 

within 100nauticalmiles ofthe aircraft;

(ii) If there is no stationwithin the area prescribed in paragraph (a)(l)(i) of

thissection,the currentreported altimetersettingofanappropriate 

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation ofthe 

departure airport or an appropriate altimeter setting available before 

departure.

4. Doug Harding Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirementsfor flight in VFRconditions, subsection

(b),statesthefollowing:

(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. Doug Harding Seeks Exemption From The Requirement Of Section

91.405(a).

9

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

owner or operator of an aircraft-

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

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

have discrepancies repaired as prescribed in part 43 of this chapter[.]
6. Doug Harding 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), statesthe 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. Doug Harding Seeks Exemption From The Requirements Of Sections

91.409(a)(l) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a),statesthe 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. Doug Harding 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

(1) Records ofthe maintenance, preventive maintenance, and alteration and 

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

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

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

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

the work performed; and

(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

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

each rotor.

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

propeller, rotor, and appliance.

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

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the aircraft

and its appliances are maintained.

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

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

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

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

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

prescribed:

(1) The records specified in paragraph (a)(l) 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.

1

(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 Doug Harding Seeks And The Reason Doug Harding Seeks The Relief.

1.Extent Of Relief Doug Harding Seeks And The Reason Doug Harding

Seeks Relief From Section 61.113(a) And (b).

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

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 
private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed 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, Doug Harding submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 2

Vision+ UAS or DJI 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 DJI 

Phantom 2 Vision+ or DJI 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.

1

Further, Doug Harding submits that all flights of the DJI Phantom 2 Vision

+ and DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant of this Petition:

(1) will be incidental to Doug Harding's business; and (2) will not carry passengers or

property for compensation or hire.

2.Extent Of Relief Doug Harding Seeks And The Reason Doug 

Harding

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 Doug Harding to determine that the DJI Phantom 2 Vision
+ and DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring

that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom 2 Vision+ and DJI Phantom 3 Instruction Manual).

Doug Harding seeks the requested relief because the DJI Phantom 2

Vision

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

14

C.F.R. Part 21, Subpart H. Therefore, Doug Harding will ensure that the DJI Phantom 2

Vision+ and DJI Phantom 3 UAS’s are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+ 

and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the 

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

Limitations Of Relief Doug Harding Seeks And The Reason Doug Harding 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 2 Vision+ and DJI Phantom 3UASs, 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

1

(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), Doug Harding seeks 

the requested relief because the DJI Phantom 2 Vision+ and 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 2 Vision+ and DJI Phantom 3UAs 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

with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Doug Harding Seeks And The Reason Doug Harding

Seeks Relief From Section 91.lSl(b).

Relief from Section 91.15l(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+ and DJI Phantom 3 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. Doug Harding seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2

Vision+ and DJI Phantom 3 UAs will severely constrain the practicality of any aerial video

or still photo flight operations that Doug Harding proposes to conduct pursuant to this

Petition.

1

Significantly, as set forth below, the technical specifications of the DJI Phantom 2

Vision+ and DJI Phantom 3 UASs operating documents, and Doug Harding's proposed

operating limitations, ensure that Doug Harding will safely operate the battery powered

DJI Phantom 2 Vision+ and DJI Phantom 3 UAs during daylight hours in visual

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

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

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

4.5 minutes.
5. Extent Of Relief And The Reason Doug Harding 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, Doug Harding requests relief from 

these Sections because the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 2 Vision+ and 

DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Doug Harding to perform maintenance, alterations,

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

prescribed in the UAS operating documents (i.e., the Monthly Maintenance Log, and DJI 

Phantom 2 Vision+ and DJI Phantom 3 Instruction Manual). Furthermore, Doug Harding 

will document and maintain all maintenance records for the DJI Phantom 2 Vision+ and

DJI Phantom 3 UAS’s.

D. The Reasons Why Granting Doug Harding Request Would Be In The

Interest; That Is, How It Would Benefit The Public As A Whole.

1

Granting the present Petition will further the public interest by allowing Doug 

Harding to safely, efficiently, and economically perform aerial video and photography 

of construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 2 Vision+ and DJI Phantom 3UAS’s will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to 

the economy. Notably, the benefits of Doug Harding's proposed operation of the

DJI Phantom 2 Vision+ and DJI Phantom 3 UASs will be realized without implicating any

privacy issues.

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

The DJI Phantom 2 Vision+ and DJI Phantom 3 UAs are battery powered and

serve as a safe, efficient, and economical alternative to the manned aircraft traditionally
utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ or

DJI Phantom 3 UAS would reduce the amount of manned aircraft in the NAS, reduce

noise and air pollution, as well as increase the safety of life and property in the air and on

the ground.

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

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

DJI Phantom 2 Vision+ and DJI Phantom 3 UAS’s do not require an airport to takeoff

or land. Likewise, a reduction of manned aircraft conducting aerial video and

photography missions would result in fewer aircraft that must be handled by air traffic

control during the ground, takeoff, departure, arrival, and landing phases of flight

operations.

2.The Public Will Benefit From The Safety And Efficiency Of The

DJI Phantom 2 Vision+ and DJI Phantom 3 UASs.

1

Conducting aerial acquisitions with the DJIPhantom 2 Vision+ and DJI Phantom 3

UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the 

levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI 

Phantom 2 Vision+ and DJIPhantom 3 UASs produce no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography,

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 2 Vision+ and DJI Phantom 3 UAs, while reducing the carbon footprint of

aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery

powered electric motors, rather than an internal combustion engine.
By using the DJI Phantom 2 Vision+ and DJI Phantom 3UASs to perform aerial 

acquisitions, the substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will be substantially 

reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Phantom 3 UAs (weighing 

approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their 

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of

16 inches and 17.7 inches respectively, and with no fuel on board), has less physical 

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

to the manned aircraft that typically conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel 

capacity of 180 gallons).

1

3.Performing Aerial Video and Photography Operations With The DJI 

Phantom 2 Vision+ and DJI Phantom 3UASs Will Benefit The

Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Phantom 

3 UASs are also an economical alternative to using manned aircraft to conduct

similar aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI

Phantom 3

UASs will allow United States based companies, like Doug Harding’s, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions

Phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs is one such technology that not only allows 

companies greater operational flexibility compared to manned aircraft, but provides such 

flexibility without the high operational cost of a traditional manned aircraft.
By operating the DJI Phantom 2 Vision+ and DJI Phantom 3 UAS’s, companies

such as Doug Harding’s, can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to

growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs, provides a stable

workforce that increases consumer spending; improves local, state, and federal tax revenues;

and allows companies to invest in research and development in order to remain competitive

both in the United States and abroad.

4.There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted

for decades, Doug Harding's proposed operation of the DJI Phantom 2 Vision+ and

DJI

Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 2

Vision+ and DJI Phantom 3 UASs will be operated only in compliance with

operating documents (i.e., the Monthly Maintenance Log, and DJI Phantom 2

Vision+ and DJI Phantom 3 Instruction Manual)

which requires property owner involvement as well as local law enforcement notification, 

and in accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That

Provided By The Rule From Which Doug Harding Seeks Exemption.

1.Reasons Why The DJI Phantom 2 Vision+ and DJI Phantom 3 UAs

Meet The Conditions Of The FAA Modernization and Reform Act of

2012 (FMRA) Section 333.

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

with the unmanned aircraft and its operation, Doug Harding operation of the DJI

Phantom
2 Vision+ and DJI Phantom 3 UASs meet the conditions of FMRA Section 333, and will 

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

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 i f 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.

1

(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, isrequired for the operation of unmanned aircraft systems 

identified under paragraph (1).

(c) Requirements for 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 requirements for the safe 

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Doug Harding submits that the DJI Phantom 2

Vision+

and DJI Phantom 3 UAS’s can operate safely in the NAS pursuant to FMRA Section 333,

as demonstrated by: (a) the characteristics of the DJI Phantom 2 Vision+ and DJI Phantom 

3

UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Phantom 3

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ and DJI Phantom 3 UASs do not create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security considering 

its size, weight, speed, and operational capability.

i.Technical Specifications Of The DJI Phantom 2 Vision+ and

DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 2 Vision+ and DJI Phantom 3

UASs are set forth by the DJI Phantom 2 Vision+ and DJI Phantom 3 Specifications and

Data Sheet, attached hereto as Exhibit A and B.

20

ii The DJI Phantom 2Vision+ and DJI Phantom 3 UASs

Autonomous Flight And Navigation Modes Enable The UASs To

Remain Within ADefined Operational Area.

The DJI Phantom 2 Vision+ and DJI Phantom 3 UASs may be operated in both 

manual and fully autonomous flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs is provided at 

pages 25-35 of the DJI Phantom 2 Vision+ and pages 12-16 and 45-50 of the DJI Phantom 

3

User Manuals, attached hereto as Exhibit C and D.

iii.The DJI Phantom 2 Vision+ and DJI Phantom 3UASs Are

Designed For Automatic Return To Home Point Or Hover In

The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+ and DJI Phantom 3

UAS’s will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI

Phantom 2 Vision+ and DJI Phantom 3 UAS’s do not reacquire control link data from the 

GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home 
position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and 

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ 

UAS are set forth at pages 27 through 29 and for the DJI Phantom 3 at pages 13 through 

15 of the DJI Phantom 2 Vision+ and DJI Phantom 3User Manuals, attached hereto as

Exhibit C and D.

iv. The DJI Phantom 2 Vision+ and DJI Phantom 3GCS And

Its

Operation.

A complete description of the operation and specifications of the DJI Phantom 2

Vision+ and DJI Phantom 3 GCS and flight control software is provided at pages 32 through

43 of the DJI Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJI Phantom 

3 User Manual. DJI Phantom 2 Vision+ and DJI Phantom 3User Manuals are attached 

hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Phantom 3

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

Doug Harding 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

2

Vision+ and DJI Phantom 3 UASs. Additionally, a safety observer will assist all

pilots during flight time.

c. Flights Of DJI Phantom 2 Vision+ and DJI Phantom 3 UASs Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Doug Harding proposes to commercially operate DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs 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+ and DJI Phantom 

3

1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will 

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

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

operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

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

reported to ATC must be in feet AGL.

S. The UAS’s 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 FAA-issued airman 

medical certificate.

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

permitted.

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

the VLOS requirement as long 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 cannot transfer his or her designation for the 

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

prescribed in the operating documents.

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

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

not permitted to operate the camera or other instruments.

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

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

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

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

and limitations contained in the grant of exemption take precedence and must be

followed. Otherwise, the operator must follow the procedures as outlined in its

operating documents. The operator may update or revise its operating documents. It

is the operator's responsibility to track such revisions and present updated and

revised documents to the Administrator upon request. The operator must also present 

updated and revised documents if it petitions for extension or amendment to the 

grant of exemption. If the operator determines that any update or revision would 

affect the basis upon which the FAA granted the exemption, then the operator must

petition for amendment to its grant of exemption. The FAA's UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to the

operating documents.
10. Prior to each flight the PIC must inspect the 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 pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

23

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

maintenance, overhaul, replacement, inspection, and life limit requirements.

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

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

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

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

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

15. Each UASs operated under this exemption must comply with all 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 private pilot certificate and at least a current 

third- class medical certificate.

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

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

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.Sl(b). Flights for the purposes of training the operator's PICs are

permitted under the terms of the exemption. However, training operations may only

be conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are

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

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

91.119.
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight rules 

(SVFR) are not authorized.

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

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport's management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator's COA. The letter of

agreement with the airport management must be made available to the Administrator 

upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

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

emergencies in accordance with the operating documents.

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

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

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

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

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

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

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

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

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

transponder requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

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

and control of the UA must comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

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

available to the PIC at the Ground Control Station of the UAS any time the UAS 

is operating. These documents must be made available to the Administrator or

any law enforcement official upon request.

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

operations and activities at all times.
30. The UAS may not be operated by the PIC from any moving device or vehicle.

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

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

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain

under such protection. If asituationarises where nonparticipating

persons leave such protection and are within 500 feet ofthe UA, flight

operations must cease immediately and/or;

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

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

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and;

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

persons do not present an undue hazard to those persons per §

91.119(a).

32. All operations shall be conducted over private or controlled-access

property with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

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

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

must be reported to the FAA

1

s UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb .gov.

2.Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.

Doug Harding 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+ and DJI Phantom 3 UASs 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+ or 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 Doug Harding’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+ or DJI 

Phantom 3 UAS, Doug Harding submits that the additional manned airmanship

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

skills necessary for Doug Harding's specific proposed flight operations.

The FAA has previously granted relief from Section 61.l 13(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).

Doug Harding will not allow any PIC to operate the DJI Phantom 2 Vision+ or

DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

requirements or the DJI Phantom 2 Vision+ or DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+

or DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive

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

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

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

UAS to be used for operations under the exemption). In addition to the hour requirements, 
the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes).

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

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

equivalent level of safety during Doug Harding's proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as

follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

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

total time as a UAS rotorcraft pilot including at least 10 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 of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements 

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

included in the 10 hours of multi-rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

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

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner's proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in compliance 

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

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

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

experience-building flights the PIC is required to operate the UA with appropriate

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

Exemption No. 11138 at page 15.

Accordingly, Doug Harding will ensure safe operations by not allowing any PIC to

operate the DJI Phantom 2 Vision+ or 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 2 Vision+ or DJI Phantom 3 UAS in a manner 
consistent with the exemption, including evasive and emergency maneuvers and 

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

3. Reasons Why An Exemption From The Requirements Of Section

91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, Doug Harding will ensure that the DJI Phantom 2 Vision+ or 

DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with

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

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

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

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

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

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

Would Not Adversely Affect Safety.

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

because the altitude information of the DJI Phantom 2 Vision+ and DJI Phantom 3 UAs

will be provided to the PIC via GPS equipment and a radio communications telemetry data

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

altitude. This altitude information, combined with Doug Harding's operation of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UAs within visual line of sight, at or below 400

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

information will be generated by GPS equipment installed onboard the aircraft. Prior to

each flight, a zero altitude initiation point is automatically established by the UASs at

ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

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

29

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 (l) the technical specifications of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Doug 

Harding will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+

and DJI Phantom 3 UAs 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 2

Vision+ and DJI Phantom 3 UASs; the limitations on the proposed flight operations; and

the location of the proposed operations, will ensure an equivalent level of safety established

by

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured asthe DJI Phantom 2

Vision+ and DJI Phantom 3 UASs provide audible and visual warnings to the PIC at the 

GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI

Phantom 3 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 
operating limitations of the UAS are considered. Relief has been granted for manned 

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

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

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

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An ExemptionFrom 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, Doug Harding 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)(l), 91.409(a)( l) & (a)(2), and 91.417(a) & (b) will be

met because Doug Harding will use trained technicians to perform maintenance,

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

practices prescribed in the operating documents (i.e., the Monthly Maintenance Log, and

DJI Phantom 2 Vision+ and DJI Phantom 3 Instruction Manual). Furthermore, Doug 

Harding will document and maintain all maintenance records for the DJI Phantom 2

Vision+ and DJI Phantom 3UASs.

Since the DJI Phantom 2 Vision+ and DJI Phantom 3 UAS’s will be inspected as 

prescribed by the operating documents, Doug Harding will maintain the equivalent level

of safety established by Sections 91.405(a), 91.409(a)( l), and 91.409(a)(2). A copy of the

DJI Phantom 2 Vision+ and DJI Phantom 3 User Manuals are attached hereto as Exhibit C

and D; a copy of the DJI Phantom 2 Vision+ and DJI Phantom 3 UAS Maintenance LOG

is attached hereto as Exhibit E.
Likewise, the exemption sought will not adversely affect safety because Doug 

Harding 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 of safety

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

DJI Phantom 2 Vision+ and DJI Phantom 3 UAS’s 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)(l ), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered.

In consideration of Doug Harding's proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 2 Vision+ and DJI

Phantom 3

UASs, Doug Harding submits that safety will not be adversely affected by granting

exemption from 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 Prescribe Any Other Conditions For Safe Operation.
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. §21.16 entitled Special Conditions, Doug Harding requests that the 

FAA prescribe special conditions for the intended operation of the DJI Phantom 2 Vision+ 

and DJI Phantom 3 UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.l 13(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). Such 

special conditions will permit safe operation of the UAs for the limited purpose of 

conducting aerial video and photography over certain areas of the United States for 

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

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS.

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

§ 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Phantom 3UASs, since the 

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not 

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft engine 

or propeller, he prescribes special conditions and amendments thereto for the 

product. The special conditions are issued in accordance with Part 11 of this chapter 

and contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

theregulations.

See 14 C.F.R. § 21.16.
Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA 

may prescribe special conditions for Leading Edge's intended operation of the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs, which contain such safety standards that

the

Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R 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), and 91.417(a) & (b).

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

From Which Doug Harding Seeks Exemption:

Doug Harding seeks exemption from the requirements of 14 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}, and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Doug Harding Seeks:

This exemption willpermit Doug Harding to commercially operate an

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

and photography over certain areas of the United States.

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

Doug Harding's Request.

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

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

UAS may operate safely in the NAS. As such, Doug Harding's request for exemption may

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

Set forth above.

FMRA Section 333 sets forth the requirements for considering whether a 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, Doug Harding will operate the DJI Phantom 2
Vision+ and DJI Phantom 3 UAS’s 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, Doug Harding seeks an exemption 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 DJI Phantom 2 Vision+ and DJI 

Phantom 3 UASs commercially, without an airworthiness certificate, for the limited

Purpose of conducting aerial video and photography over certain areas of the United

States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also 

advancing the interests ofthe public, by allowing Doug Harding to safely, efficiently,

and economically operate the DJI Phantom 2 Vision+ and DJI Phantom 3 UASs

commercially within the NAS.

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

Modernization and Reform Act of2012, Section 333, Doug Harding 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 permit Doug Harding to operate the DJI 

Phantom 2 Vision+ and DJI Phantom 3 UASs commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: June 24, 2015

Respectfully submitted, 

Doug Harding

35
Doug Harding

14328 Tippecanoe, 

Ham Lake, MN

55304

612-803-5122

Email: doug.b.harding@gmail.com

Appendices:

A -DJI Phantom 2 Vision+ Specifications Data Sheet

B -DJI Phantom 3 Specifications Data Sheet

C-DJI Phantom 2 Vision+ Manufacturer's User Manual

D -DJI Phantom 3Manufacturer's User Manual

E -Monthly Maintenance Log

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APPENDIX -A

DJI PHANTOM 2VISION+ TECHNICAL SPECIFICATIONS

Doug Harding only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user

to set parameters which will not allow flight into controlled airspace. Parameters can also

be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery -DJI 5200mAH Li-ion Battery

1.1.1.2 Weight (Battery & Propellers Included)-2lbs 11.810oz(1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) -Vertical: .Sm; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 200°/s

1.1.1.5 Max Tilt Angel - 35°

1.1.1.6 Max Ascent Speed -6m/s

1.1.1.7 Max Descent Speed -2m/s

1.1.1.8 Max Flight Speed - 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current -Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.03°

1.1.2.3 Controllable Range -Pitch: -90 – 0°

1.1.2.4 Maximum Angular Speed -Pitch: 90°/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 32°F - 104°F (O°C - 40°C)

1.1.3.2 SensorSize -1/2.3"

1.1.3.3 Effective Pixels - 14M

1.1.3.4 Resolution -4384x3288

4.1.3.5 HD Video Recording - 1080p30 & 720p
4.1.3.6 Recording Field of View - 1100°/85°

1.1.4 Transmitter

1.1.4.1 Operating Frequency -5.728GHz -5.85GHz

1.1.4.2 Communication Distance (unobstructed) -FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power -FCC Compliance: l00mW

1.1.4.5 Working Voltage - 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency -2412-2462MHz

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1.1.5.2 Communication Distance (unobstructed) -500-700m

1.1.5.3 Transmitter Power -20dBm

1.1.5.4 Power Consumption -2W

38

APPENDIX-B

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Doug Harding only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DGI UASs are loaded with ground breaking software enabling the user to set 

parameters which will not allow flight into controlled airspace. Parameters can also be set to limit 

flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined 

and set distance. In addition, DJI software provides real-time altitude and location information to 

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

2.2 DJI Phantom 3

2.2.1 Aircraft

2.2.1.1 Model T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal: 2.5m

2.2.1.4 Max Angular Velocity – Pitch: 300 /s; Yaw; 150 ̊/s

2.2.1.5 Max Tilt Angle – 35 ̊ 2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range - 14̊F to 104̊F (-10̊C to 40̊C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA
2.2.2.4 Angular Vibration Range - + 0.03 ̊ 2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch; -90̊ to +30̊; Pan: +320 ̊ 2.2.2.7 Mechanical Range – Pitch; -125̊to 45̊; Pan: + 330̊

2.2.2.8 Max Controllable Speed – Pitch: 120̊/s; Pan: 180̊/s

2.2.3.1 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

40

2.2.3.4 Effective Pixels -12.4M

2.2.3.5 Image Max Size -4000x3000

2.2.3.6 ISO Range -100-3200

2.2.3.7 Field of View - 94°

2.2.3.8 CMOS -SonyEXMOR 1/2.3"

2.2.3.9 HD Video Recording -UHD(4K): 4096x2160p24/2S,

3840x2160p24/25/30;FHD: 1920x1080p24/25/30/48/50/60; HD:

1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 32°F - 104°F (o

0c - 40°C)

2.2.4 Transmitter

2.2.4.1 Name–C1

2.2.4.2 Operating Frequency - 5.728-5.850GHz; 2.400-2.483GHz

2.2.4.3 Communicating Distance (unobstructed) - 2000m

2.2.4.4 OutputPower-9W

2.2.4.5 Operating Temperature Range - 14°F to 104°F (-10°c to 40°C)

2.2.4.6 Battery -600mAh Li-ion 2S

40

APPENDIX -C

DJIPhantom 2Vision+ Manufacturer's UserManual

4

APPENDIX -D

DJI Phantom 3Manufacturer's User Manual

4

APPENDIX -E

MONTHLY MAINTENANCE

SHEET morrth· (year·

UAStJ-.t Date/Issue( 

Di5r;overed

O..te055ue( 

l55ue(Description(&(Maintenance(Conducted

AdDJIo55ed

Malntenance(Performed(By:(U

Prlrrt(&Slgn)

Softwara(Updata•
Airframe(

En1lnas

Propellers

Camera/Gimbal

Landing(Gear

Vlbratlon(Dampenlng

Other:

4