UNITED	STATES	OF	AMERICA	DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION	WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:	Gregory	BRICE

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)(1),	91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	CONCERNING	

COMMERCIAL	OPERATION	OF	DJI	PHANTOM	3,	DJI	PHANTOM	2	VISION+,	AND	DJI	INSPIRE	

1	UNMANNED	AIRCRAFT	SYSTEMS	PURSUANT	TO	SECTION	333	OF	THE	FAA	

MODERNIZATION	AND	REFORM	ACT	OF	2012	(PUBLIC	LAW	112-95)

Submitted	on	August	19,	2015

Gregory	Brice	

West	Coast	Aerial	Images

2111	Escenico	Terrace

Carlsbad,	CA	92009

(858)	900-3077

WestCoastAerialImages@Gmail.com

1
TABLE OF CONTENTS 

TABLE OF CONTENTS 2 

GLOSSARY OF ABBREVIATIONS 3 

SUMMARY 4 

INTRODUCTION AND INTEREST OF THE PETITIONER 4 

BACKGROUND: DJI PHANTOM 3 5 

BASIS FOR PETITION 6 

SUPPORT OF PETITION 8 

NAME & ADDRESS OF THE PETITIONER. 8 

SPECIFIC SECTION EXEMPTIONS REQUESTS 8 

RECORD KEEPING 11 

EXTENT OF RELIEF 11 

PUBLIC INTEREST 15 

SAFETY CONSIDERATION 18 

CONCLUSION 30 

APPENDICES 31

2
Glossary of Abbreviations 

AGL	 	 	 	 Above	Ground	Level

AOI	 	 	 	 Area	of	Interest

ATC	 	 	 	 Air	Trafcic	Control

ATO	 	 	 	 Air	Trafcic	Organization

AV	 	 	 	 Aerial	Vehicle

CFR	 	 	 	 Code	of	Federal	Regulations

COA	 	 	 	 Certicicate	of	Authorization

FAA	 	 	 	 Federal	Aviation	Administration

FAR	 	 	 	 Federal	Aviation	Regulation	

GCS	 	 	 	 Ground	Control	Station	

GPS	 	 	 	 Global	Positioning	System

LOL	 	 	 	 Loss	of	Link	

NAS	 	 	 	 National	Airspace	System

NOTAM	 	 	 Notice	to	Airman

PIC	 	 	 	 Pilot	In	Command

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

SO	 	 	 	 Safety	Observer

SOP	 	 	 	 Standard	Operating	Procedures

UA	 	 	 	 Unmanned	Aircraft

UAS	 	 	 	 Unmanned	Aircraft	System

VFR	 	 	 	 Visual	Flight	Rules

VLOS	 	 	 	 Visual	Line	of	Site

VMC	 	 	 	 Visual	Meteorological	Conditions

VTOL	 	 	 	 Vertical	Takeoff	and	Landing

3
Summary 

Gregory	 Brice	 of	 West	 Coast	 Aerial	 Images	 hereafter	 referred	 to	 as	 Gregory	 Brice	 seeks	

exemption	 from	 the	 requirements	 of	 14	 C.F.R	 §§	 61.113(a)	 &	 (b),	 91.7(a),	 91.121,	

91.151(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	and	91.417(a)	&	(b),	to	operate	

an	 Unmanned	 Aircraft	 System	 (DJI	 Phantom	 3) pursuant	 to	 Section	 333	 of	 the	 FAA	

Modernization	and	Reform	Act	of	2012	(FMRA).	This	exemption	will	permit	Gregory	Brice	

to	operate	an	Unmanned	Aircraft	System	(UAS)	 for	the	commercial	purpose	of	conducting	

aerial	video	and	photography	of	construction	sites,	residential	and	commercial	real	estate,	

civil	landscapes	and	events	over	certain	areas	of	the	United	States.	

Introduction and Interest of the Petitioner 

Gregory	 Brice	 with	 his	 part	 time	 staff	 collectively	 have	 over	 thirty-cive	 years	 experience	

provided	clients	(which	include	private	sector	businesses	and	non-procits,	along	with	local	

state	 and	 federal	 agencies)	 with	 expertise	 and	 knowledge	 in	 video	 and	 multimedia	

marketing,	 advertising,	 public	 relations	 and	 training	 using	 advanced	 technologies	 and	

solutions.	Gregory	Brice	has	worked	on	thousands	of	productions	over	the	past	35	years	in	

all	types	of	locations	with	a	perfect	client	and	employee	safety	record.		In	the	past	we	have	

supplied	our	clients	aerial	video	and	photography	using	commercial	aircraft.	The	objective	

of	Gregory	Brice	and	our	Unmanned	Aircraft	System	(DJI	Phantom	3) aerial	operations	is	to	

provide	 a	more	 affordable,	 high-quality	 production	 system	 for	 a	 variety	 of	 governmental,	

commercial,	public,	and	residential	uses,	specicically	targeting

• Construction	sites	before	and	after	

• Appraisals	

• Real-estate	marketing	

• Economic	development	

• Civic	landmarks	

• Special	event	coverage	

• Private	and	governmental	training		

• Live	event	video	for	concerts	and	events	

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Background: DJI Phantom 3 

Gregory	Brice	 seeks	an	exemption	 to	 operate	DJI	 Phantom	 3	 system	 for	 compensation	 or	

hire	within	 the	NAS.	The	DJI	Phantom	3	is	vertical	 takeoff	and	landing	(VTOL)	Unmanned	

Aircraft	(UA)	with	a	Ground	Control	Station	(GCS)	utilizing	electronic	tablet	or	smart	phone	

systems.	 The	DJI	 Phantom	 3	 has	 a	maximum	 gross	 weight	 of	 approximately	 2.8	lb.	 while	

having	 a	 diagonal	 dimension	 of	 23.2”,	 a	maximum	 speed	 of	 approximately	 16.4’fps	 and	 a	

maximum	 clying	 height	 of	 400'.	 The	 DJI	 Phantom	 3	 is	 equipped	 with	 four	 main	 rotors;	

driven	by	Lithium	Polymer	battery	powered	electric	motors.	

The	DJI	Phantom	3	that	will	be	operated	by	Gregory	Brice	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,	 Identi1ication	 and	

Registration	Marking.	

5
Basis for Petition 

Petitioner,	Gregory	Brice,	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),	 91.7(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,	Gregory	Brice	operation	of	DJI	Phantom	3	UAS	meets	

the	 conditions	 of	 FMRA	 Section	 333	 and	 therefore,	 will	 not	 require	 an	 airworthiness	

certicicate	in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	

Accordingly,	Gregory	Brice	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	certicicate.	

Gregory	Brice	submits	that	the	requested	relief	is	proper	since	an	equivalent	level	of	safety	

will	 be	 ensured.	 Gregory	 Brice	 will	 use	 experienced	 personnel	 or	 technicians	 to	 perform	

maintenance,	 alterations,	 or	 preventive	 maintenance	 on	 the	 UAS	 using	 the	 methods,	

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

Log,	 and	 DJI	 Phantom	 3	 Instruction	 Manual).	 Furthermore,	 Gregory	 Brice	 will	 document	

and	maintain	all	maintenance	records	for	the	DJI	Phantom	3	UAS.	

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

privileges	 and	 limitations:	 Pilot	 in	 command,	 is	 requested	 by	 Gregory	 Brice	 to	 the	 extent	

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

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

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

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

emergency	 maneuvers	 and	 maintaining	 appropriate	 distances	 from	 people,	 vessels,	

vehicles	and	structures.	

Gregory	Brice	seeks	relief	from	Section	91.7(a),	entitled	Civil	aircraft	airworthiness,	because	

the	DJI	Phantom	3	UAS	do	not	 require	an	airworthiness	certicicate	in	accordance	with	14	

C.F.R.	Part	21,	Subpart	H.	As	such,	Gregory	Brice	submits	that	they	will	ensure	that	the	DJI	

Phantom	3	UAS	is	in	an	airworthy	condition,	prior	to	every	 clight,	by	determining	that	the	

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

DJI	Phantom	3	Instruction	Manual),	and	that	the	aircraft	are	in	a	condition	for	safe	clight.	

Gregory	Brice	also	 seeks	an	exemption	 from	 the	 requirements	 of	Section	 91.121,	entitled	

Altimeter	Settings,	as	 the	DJI	 Phantom	 3	UAS	will	 not	 have	a	 typical	 barometric	altimeter	

6
onboard.	However,	altitude	information	of	 the	DJI	Phantom	3	UAS	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	clight	path.	

This	altitude	information,	combined	with	Gregory	Brice’s	 operation	 of	 the	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.	

Additionally,	 Gregory	 Brice	 seeks	 an	 exemption	 from	 the	 requirements	 of	 Section	

91.151(b),	entitled	Fuel	requirements	for	1light	in	VFR	conditions.	Gregory	Brice	submits	that	

safety	will	not	be	affected	by	operation	of	the	DJI	Phantom	3	UAS	during	daylight	hours	in	

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

power	to	cly	for	a	total	duration	of	approximately	23	minutes.		Battery	power	indicators	are	

also	 able	 to	 show	 exactly	 how	 much	 battery	 power	 is	 left,	 as	 well	 as	 how	 much	 time	 is	

needed	to	return	safely	back	to	point	of	take	off.

7
Support of Petition 

In	accordance	with	14	C.F.R.	§	11.81,	Gregory	Brice	provides	the	following	information	in	

support	of	its	petition	for	exemption:

Name & Address of the Petitioner. 

Gregory	Brice

Owner

West	Coast	Aerial	Images	

2111	Escenico	Terrace

Carlsbad,	CA	92009

(858)	900-3077

WestCoastAerialImages@Gmail.com

Specific Section Exemptions Requests 

1.	Gregory	Brice	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	certicicate	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	clight	is	only	incidental	to	that	business	or	employment;	and	

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

2.	Gregory	Brice 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.	

3. Gregory	Brice Seeks	Exemption	from	The	Requirements	of	Section	91.121.	

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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	clight	

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. Gregory	Brice Seeks	Exemption	from	The	Requirements	of	Section	91.151(b).

Section	91.151,	entitled	Fuel	requirements	for	1light	in	VFR	conditions,	subsection

	(b),	states	the	following:	

(b)	 No	 person	 may	 begin	 a	 1light	 in	 a	 rotorcraft	 under	 VFR	 conditions	 unless	

(considering	wind	 and	forecast	weather	 conditions)	 there	is	 enough	fuel	 to	1ly	 to	

the	1irst	point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	1ly	after	

that	for	at	least	20	minutes.	

5. Gregory	Brice 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[.]	

6.	Gregory	Brice 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--	

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

43.7	of	this	chapter[.]	

7.	Gregory	Brice 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	 certicicate	 in	

accordance	with	part	21	of	this	chapter.	

8.	Gregory	Brice 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	

specicied	in	paragraph	(b)	of	this	section:	

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

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

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

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

include--	

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

the	work	performed;	and	

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

(iii)	 The	 signature,	 and	 certicicate	 number	 of	 the	 person	 approving	 the	

aircraft	for	return	to	service.	

(2)	Records	containing	the	following	information:	

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

and	each	rotor.	

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

propeller,	rotor,	and	appliance.	

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

which	are	required	to	be	overhauled	on	a	specicied	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.	

Record Keeping 

The	 owner	 or	 operator	 shall	 retain	 the	 following	 records	 for	 the	 periods	

prescribed:	

1.	The	records	specicied	in	the	above	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	specicied	in	the	above	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.	

Extent of Relief 

1.	 Extent	 of	 Relief	 Gregory	 Brice Seeks	 and	 The	 Reason	 Gregory	 Brice 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	

11
higher	level	certicicate,	as	well	as	a	current	and	valid	airman	medical	certicicate,	and	who	

has	met	certain	clight-hour	and	currency	requirements,	to	conduct	the	proposed	UAS	clight	

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	clight	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,	Gregory	Brice	submits	that	an	equivalent	level	of	safety	will	

be	maintained	because	no	PIC	will	be	allowed	to	operate	the	DJI	Phantom	3	UAS	unless	that	

PIC	has	met	certain	 clight-hour	and	currency	requirements,	demonstrating	 that	 the	PIC	is	

able	 to	 safely	 operate	 either	 the	 DJI	 Phantom	 3	 UAS	 in	 a	 manner	 consistent	 with	 the	

operations	specicications	as	described	in	this	exemption,	including	evasive	and	emergency	

maneuvers,	as	well	as	maintaining	appropriate	distances	from	people,	vessels,	vehicles	and	

structures.

Further,	Gregory	Brice	submits	that	all	clights	of	the	DJI	Phantom	3	UAS,	conducted	by	the	

PIC	pursuant	to	the	grant	of	this	Petition:	(1)	will	be	incidental	to	Gregory	Brice’s	business;	

and	(2)	will	not	carry	passengers	or	property	for	compensation	or	hire.	

2.	 Extent	 of	 Relief	 Gregory	 Brice Seeks	 and	 The	 Reason	 Gregory	 Brice 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	Gregory	Brice	to	determine	that	the	DJI	Phantom	3	UAS	are	in	airworthy	

condition	prior	to	every	clight	by	ensuring	that	the	UAS	is	in	compliance	with	the	operating	

documents	 (i.e.,	 the	 West	 Coast	 Aerial	 Images	 Aerial	 Operations	 Manual,	 Monthly	

Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual).	

Gregory	Brice	seeks	the	requested	relief	because	the	DJI	Phantom	3	UAS	do	not	require	an	

airworthiness	 certicicate	 in	 accordance	 with	 14	 C.F.R.	 Part	 21,	 Subpart	 H.	 Therefore,	

Gregory	 Brice	 will	 ensure	 that	 the	 DJI	 Phantom	 3	 UAS	 are	 in	 airworthy	 condition	 based	

upon	its	compliance	with	the	operating	documents	(i.e.,	Monthly	Maintenance	Log,	and	DJI	

Phantom	3)	prior	to	every	clight,	and	further,	determine	that	the	aircraft	are	in	condition	for	

safe	clight,	as	stated	in	the	conditions	and	limitations	below.

3.	 Extent	 of	 Relief	 Gregory	 Brice	 Seeks	 and	 The	 Reason	 Gregory	 Brice	 Seeks	 Relief	

from	Section	91.121.	

Relief	 from	 Section	 91.121,	 entitled	 Altimeter	 settings,	 may	 be	 required	 to	 allow	 clight	

operations	 of	 the	 DJI	 Phantom	 3	 UAS,	 which	 utilize	 a	 barometric	 pressure	 sensor,	 GPS	

equipment,	 and	 a	 radio	 communications	 telemetry	 data	 link	 to	 downlink	 altitude	

12
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	trafcic	

control	 (ATC)	 in	 feet	 above	 ground	 level	 (AGL),	 Gregory	 Brice	 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	cield	altitude,	before	each	clight.	

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	 UAS	 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	clight,	and	provides	the	PIC	with	altitude	information	of	the	UA	on	

the	heads-up	display	of	the	GCS.	

4.	 Extent	 of	 Relief	 Gregory	 Brice	 Seeks	 and	 The	 Reason	 Gregory	 Brice	 Seeks	 Relief	

from	Section	91.151(b).	

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

requested	to	the	extent	required	to	allow	clights	of	the	battery	powered	DJI	Phantom	3	UAS	

during	daylight	hours	in	 visual	meteorological	conditions	 (VMC),	under	 visual	 clight	 rules	

(VFR),	for	a	total	duration	of	23	minutes.	Gregory	Brice	seeks	the	requested	relief	because	

without	 an	 exemption	 from	 Section	 91.151(b),	 the	 clight	 time	 duration	 of	 the	 battery	

powered	DJI	Phantom	3	UAS	will	severely	constrain	 the	practicality	of	any	aerial	video	or	

still	 photo	 clight	 operations	 that	 Gregory	 Brice	 proposes	 to	 conduct	 pursuant	 to	 this	

Petition.	

Signicicantly,	as	set	 forth	below,	 the	 technical	specicications	of	 the	DJI	Phantom	3	UAS,	 the	

DJI	Phantom	 3	 operating	 documents,	and	Gregory	Brice’s	 proposed	 operating	limitations,	

ensure	 that	 Gregory	 Brice	 will	 safely	 operate	 the	 battery	 powered	 DJI	 Phantom	 3	 UAS	

during	daylight	hours	in	 visual	meteorological	conditions	 (VMC),	under	 visual	 clight	 rules	

(VFR),	with	enough	battery	power	to	cly	for	a	total	duration	of	23	minutes.

5.	 Extent	 of	 Relief	 Gregory	 Brice	 Seeks	 and	 The	 Reason	 Gregory	 Brice	 Seeks	 Relief	

from	Sections	91.405(a),	91.407(a)(1),	91.409(a)(1)	&	(a)(2),	And	91.417(a)	&	(b).	

Since	 Sections	 91.405(a),	 91.407(a)(1),	 91.409(a)(1)	 &	 (a)(2),	 and	 91.417(a)	 &	 (b)	 only	

apply	to	aircraft	with	an	airworthiness	certicicate,	Gregory	Brice	requests	relief	from	these	

Sections	 because	 the	DJI	 Phantom	 3	UAS	 do	 not	 require	airworthiness	 certicicates.	As	 set	

forth	more	fully	below,	the	DJI	Phantom	3	UAS	meet	the	conditions	of	FMRA	Section	333	for	

operation	without	an	airworthiness	certicicate.	Accordingly,	Gregory	Brice	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	

13
(i.e.,	 the	 Gregory	 Brice	 Aerial	 Operations	 Manual,	 Monthly	 Maintenance	 Log,	 and	 DJI	

Phantom	 3	 Instruction	Manual).	 Furthermore,	Gregory	Brice	will	 document	and	maintain	

all	maintenance	records	for	the	DJI	Phantom	3	UAS.	

14
Public Interest 

Granting	 the	present	Petition	will	 further	 the	public	interest	by	allowing	Gregory	Brice	 to	

safely,	efciciently,	and	economically	perform	aerial	 video	and	photography	of	construction	

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

Additionally,	 use	 of	 the	 DJI	 Phantom	 3	 UAS	 will	 decrease	 congestion	 of	 the	 NAS,	 reduce	

pollution,	and	provide	signicicant	benecits	to	the	economy.	Notably,	the	benecits	of	Gregory	

Brice’s	proposed	operation	of	 the	DJI	Phantom	3	UAS	will	be	realized	without	implicating	

any	privacy	issues.	

1.	The	Public	Will	BenePit	from	Decreased	Congestion	of	The	NAS.	

The	DJI	Phantom	3	UAS	are	battery	powered	and	serve	as	a	safe,	efcicient,	and	economical	

alternative	 to	 the	 manned	 aircraft	 traditionally	 utilized	 to	 obtain	 aerial	 imagery.	 By	

reducing	 the	 amount	 of	 manned	 aircraft	 needed	 to	 perform	 aerial	 acquisitions,	 an	

exemption	allowing	 the	use	of	a	DJI	Phantom	3	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	

3	UAS	do	not	require	an	airport	to	takeoff	or	land.	Likewise,	a	reduction	of	manned	aircraft	

conducting	aerial	video	and	photography	missions	would	result	in	fewer	aircraft	that	must	

be	handled	by	air	trafcic	control	during	the	ground,	takeoff,	departure,	arrival,	and	landing	

phases	of	clight	operations.

2.	The	Public	Will	BenePit	from	The	Safety	and	EfPiciency	of	The	DJI	Phantom	3	UAS.	

Conducting	aerial	acquisitions	with	the	DJI	Phantom	3	UAS,	instead	of	manned	aircraft,	will	

greatly	 benecit	 the	 public	 by	 drastically	 reducing	 the	 levels	 of	 air	 and	 noise	 pollution	

generated	during	 traditional	aerial	video	and	still	photography	 clight	operations.	By	using	

battery	power	and	electric	motors,	the	DJI	Phantom	3	UAS	produce	no	air	pollution,	and	is	

the	 most	 viable	 environmentally	 conscious	 alternative	 to	 the	 cabin	 class,	 six-cylinder	

internal	 combustion	 engine	 aircraft	 that	 are	 typically	 utilized	 for	 aerial	 video	 and	

photography,	while	burning	approximately	20-30	gallons	per	hour	of	leaded	aviation	 fuel.	

The	 DJI	 Phantom	 3	 UAS,	 while	 reducing	 the	 carbon	 footprint	 of	 aerial	 acquisitions,	 also	

eliminates	 noise	 pollution,	 as	 the	 UAS	 are	 propelled	 by	 battery	 powered	 electric	 motors,	

rather	than	an	internal	combustion	engine.	

15
By	using	 the	DJI	Phantom	3	UAS	 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	 clight	 operations,	will	 be	 substantially	 reduced	 or	 completely	eliminated.	

Aside	from	the	lack	of	clight	crew	members	located	onboard	the	aircraft,	the	DJI	Phantom	3	

UAS	 (weighing	 approximately	 2.8	 pounds	 at	 their	 maximum	 gross	 weight	 with	 diagonal	

dimension	 of	 23.2	 inches,	 and	 with	 no	 fuel	 on	 board),	 has	 less	 physical	 potential	 for	

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

manned	 aircraft	 that	 typically	 conduct	 similar	 operations	 (weighing	 approximately	 6,000	

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

180	gallons).	

3.	Performing	Aerial	Video	and	Photography	Operations	with	The	DJI	Phantom	3	UAS	

Will	BenePit	the	Economy.	

In	 addition	 to	 being	 safe	 and	 efcicient,	 the	 DJI	 Phantom	 3	 UAS	 are	 also	 an	 economical	

alternative	to	using	manned	aircraft	to	conduct	similar	aerial	operations.	As	such,	operation	

of	the	DJI	Phantom	3	UAS	will	allow	United	States	based	companies,	like	Gregory	Brice,	to	

remain	 competitive	 and	 contribute	 to	 growth	 of	 the	 U.S.	 economy.	 Specicically,	 with	 the	

rising	 cost	 of	 aviation	 fuel	 and	 the	 Environmental	 Protection	 Agency	 (“EPA”)	 regulatory	

actions	phasing	out	leaded	aviation	fuels,	U.S.	owned	and	operated	companies	must	adopt	

new	 and	 alternative	 technology	 in	 order	 to	 remain	 competitive.	 Operating	 the	 battery	

powered	DJI	Phantom	3	UAS	is	one	such	technology	that	not	only	allows	companies	greater	

operational	 clexibility	 compared	 to	manned	 aircraft,	 but	 provides	 such	 clexibility	 without	

the	high	operational	cost	of	a	traditional	manned	aircraft.	

By	 operating	 the	 DJI	 Phantom	 3	 UAS,	 companies	 such	 as	 Gregory	 Brice,	 can	 remain	

competitive	 and	 procitable,	 and	 therefore,	 provide	 greater	 job	 stability	 to	 employees	 and	

contractors,	 which	 will	 ultimately	 contribute	 to	 growth	 of	 the	 U.S.	 economy.	 Improved	

cinancial	performance	of	U.S.	companies,	through	commercial	use	of	the	DJI	Phantom	3	UAS,	

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	 clight	 operations	 that	 have	 been	 conducted	 for	

decades,	Gregory	Brice’s	proposed	operation	of	 the	DJI	Phantom	3	UAS	will	not	implicate	

any	privacy	issues.	Specicically,	the	DJI	Phantom	3	UAS	will	be	operated	only	in	compliance	

with	 operating	 documents	 (i.e.,	 the	 West	 Coast	 Aerial	 Images	 Aerial	 Operations	 Manual,	

Monthly	Maintenance	Log,	and	DJI	Phantom	3	Instruction	Manual)	which	requires	property	

owner	involvement	as	well	as	local	law	enforcement	 noticication,	and	in	accordance	with	

the	Federal	Aviation	Regulations,	including	the	minimum	altitude	requirements	of	14	C.F.R.	

§	91.119.	

16
17
Safety Consideration 

1.	 Reasons	 Why	 The	 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,	Gregory	Brice’s	operation	of	 the	DJI	Phantom	3	UAS	

meet	the	conditions	of	FMRA	Section	333,	and	will	not	require	an	airworthiness	certicicate	

in	accordance	with	14	C.F.R.	Part	21,	Subpart	H.	

Section	333	provides	authority	for	a	UAS	to	operate	without	airworthiness	certicication	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.	Specicically,	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	 certi1icate	 of	 waiver,	 certi1icate	 of	 authorization,	 or	

airworthiness	 certi1ication	 under	 section	 44704	 of	 title	 49,	 United	 States	

Code,	is	required	for	the	operation	of	unmanned	aircraft	systems	identi1ied	

under	paragraph	(1).	

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

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

airspace	system,	the	Secretary	shall	establish	requirements	for	the	safe	operation	of	

such	aircraft	systems	in	the	national	airspace	system.	

In	seeking	this	exemption,	Gregory	Brice	submits	that	the	DJI	Phantom	3	UAS	can	operate	

safely	in	the	NAS	pursuant	to	FMRA	Section	333,	as	demonstrated	by:	(a)	the	characteristics	

18
of	 the	 DJI	 Phantom	 3	 UAS;	 (b)	 the	 pilot	 certicication	 requirement;	 and	 (c)	 the	 specicic	

operating	limitations.	

a.	The	SpeciPications	of	The	DJI	Phantom	3	UAS	Demonstrate	Its	Safe	Characteristics.

The	 DJI	 Phantom	 3	 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	SpeciPications	of	The	DJI	Phantom	3	UAS.	

The	 technical	specicications	of	 the	DJI	Phantom	3	UAS	are	set	 forth	by	 the	DJI	Phantom	3	

User	Manual,	attached	hereto	as	Appendix	A.	

ii.	The	DJI	Phantom	3	UAS	Global	Positioning	Modes	Enable	The	UAS	to	Remain	

Within	a	DePined	Operational	Area.	

The	 DJI	 Phantom	 3	 UAS	 may	 be	 operated	 in	 both	 manual	 and	 global	 positioning	 clight	

modes.	A	complete	description	of	 the	 clight	and	navigational	modes	of	 the	DJI	Phantom	3	

UAS	is	provided	at	pages	11	of	the	DJI	Phantom	3	User	Manual	attached	hereto	as	Appendix	

A.	

iii.	The	DJI	Phantom	3	UAS	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	3	UAS	will	remain	stationary,	in	clight,	for	3	

seconds	or	more.	If,	after	3	seconds,	the	DJI	Phantom	3	UAS	does	not	reacquire	control	link	

data	from	the	GCS,	the	UAS	will	assume	that	the	Control	Link	is	lost	and	the	will	return	to	

the	home	position	(i.e.,	failsafe	mode)	via	GPS,	and	will	descend	to	the	takeoff	position	and	

shutdown.	

A	complete	description	of	the	Failsafe	Functions	of	the	DJI	Phantom	3	UAS	are	set	forth	at	

pages	12	through	14	of	the	DJI	Phantom	3	User	Manual,	attached	hereto	as	Appendix	A.	

iv.	The	DJI	Phantom	3	GCS	and	Its	Operation.

A	complete	description	 of	 the	 operation	and	specicications	 of	 the	DJI	Phantom	3	GCS	and	

clight	 control	 software	 is	 provided	 at	 pages	 23	 through	 29	 of	 the	 DJI	 Phantom	 3	 User	

Manual.			DJI	Phantom	3	User	Manual	is	attached	hereto	as	Appendix	A.	

b.	Flight	Operations	of	DJI	Phantom	3	UAS	Is	Limited	to	The	Line	of	Sight	of	a	

CertiPicated	Pilot	in	Command	with	A	Safety	Observer.	

Gregory	Brice’s	video	production	staff	will	be	the	only	persons	to	act	as	a	pilot	in	command	

(PIC)	of	 the	DJI	Phantom	3	UAS.	Additionally,	a	safety	observer	will	assist	him	at	all	 times	

during	clight	time.	

c.	Flights	of	DJI	Phantom	3	UAS	Will	Be	Conducted	Pursuant	to	SpeciPic	Operating	

Limitations.	

19
In	seeking	this	exemption,	Gregory	Brice	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	specicic	operating	limitations.

1.	 Operations	 authorized	 by	 this	 grant	 of	 exemption	 will	 be	 limited	 to	 the	

following	aircraft	described	in	the	operating	documents,	rotorcraft	UAS	weighing	

less	 than	55	pounds	maximum	gross	weight:	DJI	Phantom	3	Unmanned	Aircraft	

Systems.	Proposed	operations	of	any	other	aircraft	will	require	a	new	petition	or	a	

petition	to	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	clown	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	specicied	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	specicied	on	the	PIC’s	FAA-issued	airman	medical	

certicicate.	

6.	 The	 use	 of	 cirst	 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	 clight	 operations.	The	PIC	must	be	

designated	 before	 the	 clight	 and	 cannot	 transfer	 his	 or	 her	 designation	 for	 the	

duration	of	the	clight.	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	trafcic	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	

20
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	 Ofcice	 (AFS-80)	 may	 be	 contacted	 if	

questions	arise	regarding	updates	or	revisions	to	the	operating	documents.	

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

condition	for	safe	clight.	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	 clight.	 The	 Ground	 Control	 Station	 must	 be	 included	 in	 the	 preclight	

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	clight	characteristics,	e.g.	replacement	of	a	clight	critical	component,	

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

clight	must	make	an	entry	in	the	aircraft	records.	

12.	 The	 pre-clight	 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.	

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	private	pilot	certicicate	and	at	least	a	current	

third-	class	medical	certicicate.	

21
18.	 The	 operator	 may	 not	 permit	 any	 PIC	 to	 operate	 unless	 the	 PIC	 meets	 the	

operator’s	 qualicication	 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	

qualicication	clight	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,	 prociciency,	 and	

experience-building	 clights,	 all	 persons	 not	 essential	 for	 clight	 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	decined	in	14	C.F.R.	§	

1.1.	 All	 operations	 must	 be	 conducted	 under	 visual	 meteorological	 conditions	

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

ofcice	 closest	 to	 proposed	area	 of	 operations.	 Flights	 under	 special	 visual	 clight	

rules	(SVFR)	are	not	authorized.	

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

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

agreement	 with	 that	 airport’s	 management	 is	 obtained,	 and	 the	 operation	 is	

conducted	in	accordance	with	a	NOTAM	as	required	by	the	operator’s	COA.	The	

letter	of	agreement	with	the	airport	management	must	be	made	available	to	the	

Administrator	upon	request.	

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

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

PIC.	

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

determined	location	within	the	planned	operating	area	and	land	or	be	recovered	

in	accordance	with	the	operating	documents.	

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

emergencies	in	accordance	with	the	operating	documents.	

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

forecast	 weather	 conditions)	 there	 is	 enough	 power	 to	 cly	 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	Trafcic	Organization	(ATO)	issued	Certicicate	

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	

22
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	identicied	by	

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

identicication	 (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	ofcicial	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	 sufciciently	 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,	 clight	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.	

23
Permission	 from	 land	 owner/controller	 or	 authorized	 representative	 will	 be	

obtained	for	each	clight	to	be	conducted.

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

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

must	be	reported	to	the	FAA's	UAS	 Integration	Ofcice	(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.

Gregory	Brice	submits	 that	 the	equivalent	level	of	safety	established	by	Section	61.113(a)	

and	 (b)	will	 be	maintained	 because	 no	 PIC	will	 be	allowed	 to	 operate	 the	DJI	 Phantom	 3	

UAS	 unless	 that	 PIC	 has	 demonstrated,	 by	 meeting	 minimum	 clight-hour	 and	 currency	

requirements,	 that	 the	 PIC	 is	 able	 to	 safely	 operate	 the	 DJI	 Phantom	 3	 UAS	 in	 a	 manner	

consistent	 with	 the	 exemption,	 including	 evasive	 and	 emergency	 maneuvers	 and	

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

Considering	Gregory	Brice’s	proposed	area	of	operations,	and	the	operating	limitations	set	

forth-above;	 the	 parallel	 nature	 of	 private	 pilot	 aeronautical	 knowledge	 requirements	 to	

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

skills	 necessary	 to	 safely	 operate	 the	DJI	 Phantom	 3	UAS,	 Gregory	 Brice	 submits	 that	 the	

additional	 manned	 airmanship	 experience	 of	 a	 commercially	 certicicated	 pilot	 would	 not	

correlate	 to	 the	 airmanship	 skills	 necessary	 for	 Gregory	 Brice’s	 specicic	 proposed	 clight	

operations.	

The	 FAA	 has	 previously	 granted	 relief	 from	 Section	 61.113(a)	 and	 (b)	 specicic	 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).	

Gregory	Brice	will	not	allow	any	PIC	to	operate	the	DJI	Phantom	3	UAS	unless	that	PIC	has	

demonstrated,	 by	 meeting	 minimum	 clight-hour	 requirements	 or	 the	 DJI	 Phantom	 3	 UAS	

training	and	currency	requirements,	that	the	PIC	is	able	to	safely	operate	the	DJI	Phantom	3	

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

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

structures.	

Specicically,	 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).	

24
As	in	Exemption	Nos.	 11062,	 11138,	and	 11153,	 prior	 documented	 clight	experience	 that	

was	obtained	in	compliance	with	applicable	regulations	will	ensure	an	equivalent	level	of	

safety	during	Gregory	Brice’s	proposed	operations.	The	Administrator	has	held	 that	prior	

documented	clight	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	 cilming	 (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	 claricication,	 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	 cinds	 that	 at	 a	 minimum,	 the	 clight-hour	 requirements	 in	

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

necessary	to	safely	conduct	the	petitioner’s	proposed	operations.	The	FAA	also	cinds	

that	 prior	 documented	 clight	 experience	 that	 was	 obtained	 in	 compliance	 with	

applicable	 regulations	 would	 satisfy	 this	 requirement.	 Training,	 prociciency,	 and	

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

accomplish	 the	 required	 clight	 time.	 During	 training,	 prociciency,	 and	 experiencebuilding	 clights	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,	Gregory	Brice	will	ensure	safe	operations	by	not	allowing	any	PIC	 to	operate	

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

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

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

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

3.	Reasons	Why	an	Exemption	from	The	Requirements	of	Section	91.7(a)	Would	Not	

Adversely	Affect	Safety.	

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

prior	 to	 every	 clight,	 Gregory	 Brice	 will	 ensure	 that	 the	 DJI	 Phantom	 3	 UAS	 is	 in	 an	

25
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)	specicic	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	 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	 clight	path	and	altitude.	This	altitude	information,	

combined	 with	 Gregory	 Brice’s	 operation	 of	 the	 DJI	 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	clight,	a	zero	altitude	initiation	point	is	automatically	established	by	the	UAS	at	

ground	level.	

The	FAA	has	previously	granted	relief	from	Section	91.121	specicic	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	specicications	of	 the	DJI	Phantom	3	UAS;	

(2)	the	limitations	on	the	proposed	clight	operations;	and	(3)	the	location	of	the	proposed	

clight	 operations.	 Accordingly,	 Gregory	 Brice	 will	 ensure	 that	 it	 will	 safely	 operate	 the	

battery	powered	DJI	Phantom	3	UAS	during	daylight	hours	in	VFR	conditions,	with	enough	

battery	power	to	cly	for	a	total	duration	of	23	minutes.	

Here,	as	in	Exemption	No.	11109,	the	technical	specicications	of	the	DJI	Phantom	3	UAS;	the	

limitations	on	the	proposed	clight	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	UAS	provide	audible	and	visual	

warnings	 to	 the	 PIC	 at	 the	 GCS	 when	 the	 UAS	 experiences	 low	 battery	 voltage,	 the	 cirst	

warning	 occurring	 at	 approximately	 33%	 remaining	 battery	 power,	 and	 again	 at	

26
approximately	 10%	 remaining	 battery	 power.	 At	 the	 critically	 low	 battery	 level,	 the	 DJI	

Phantom	3	UAS	will	descend	and	land	automatically.	

Signicicantly,	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	specicic	to	UAS,	in	circumstances	similar,	in	all	material	respects,	to	those	presented	

herein	 (e.g.	 Exemption	 Nos.	 8811,	 10808,	 10673,	 11042,	 11062,	 11063,	 11064,	 11065,	

11066,	11067,	11080,	11109,	11110,	11136,	11138,	11150,	11153,	11156,	11157,	11158,	

11159,	11160,	11161).	

6.	Reasons	Why	An	Exemption	From	The	Requirements	Of	Sections

91.405(a),	 91.407(a)(1),	 91.409(a)(1)	 &	 (a)(2),	 And	 91.417(a)	 &	 (b)	 Would	 Not	

Adversely	Affect	Safety.	

In	 seeking	 this	 exemption,	 Gregory	 Brice	 submits	 that	 the	 equivalent	level	 of	 safety	 with	

regard	to	the	regulatory	maintenance	and	alteration	requirements	established	by	Sections	

91.405(a),	 91.407(a)(1),	 91.409(a)(1)	&	 (a)(2),	 and	 91.417(a)	&	 (b)	 will	 be	met	 because	

Gregory	 Brice	 will	 use	 trained	 technicians	 to	 perform	 maintenance,	 alterations,	 or	

preventive	 maintenance	 on	 the	 UAS	 using	 the	 methods,	 techniques,	 and	 practices	

prescribed	in	the	operating	documents	(i.e.,	the	West	Coast	Aerial	Images	Aerial	Operations	

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

Gregory	Brice	will	document	and	maintain	all	maintenance	records	 for	the	DJI	Phantom	3	

UAS.	

Since	the	DJI	Phantom	3	UAS	will	be	inspected	as	prescribed	by	the	operating	documents,	

Gregory	Brice	will	maintain	the	equivalent	level	of	safety	established	by	Sections	91.405(a),	

91.409(a)(1),	 and	 91.409(a)(2).	 A	 copy	 of	 the	 DJI	 Phantom	 3	 User	 Manuals	 are	 attached	

hereto	as	Appendix	A	and	B;	a	copy	of	the	DJI	Phantom	3	UAS	Maintenance	LOG	is	attached	

hereto	as	Appendix	C.	

Likewise,	the	exemption	sought	will	not	adversely	affect	safety	because	Gregory	Brice	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	 3	 UAS	 will	 be	 performed	 by	 trained	 technicians.	 Maintenance	 will	 be	

documented	and	maintained	utilizing	the	monthly	maintenance	log.	

27
Signicicantly,	 previous	 exemptions	 granted	 by	 the	 FAA	 concerning	 Sections	 91.405(a),	

91.407(a)(1),	 91.409(a)(1)	 &	 (a)(2),	 and	 91.417(a)	 &	 (b)	 establish	 that	 safety	 is	 not	

adversely	affected	when	 the	 technical	characteristics	and	operating	limitations	of	 the	UAS	

are	considered.	

In	 consideration	 of	 Gregory	 Brice’s	 proposed	 operating	 limitations,	 the	 operating	

documents,	and	the	technical	aspects	of	the	DJI	Phantom	3	UAS,	Gregory	Brice	submits	that	

safety	 will	 not	 be	 adversely	 affected	 by	 granting	 exemption	 from	 14	 C.F.R.	 Sections	

91.405(a),	 91.407(a)(1)	 and	 (a)(2),	 91.409(a)(2),	 and	 91.417(a)	 and	 (b).	 The	 FAA	 has	

previously	granted	relief	specicic	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,	 Gregory	 Brice	 requests	 that	 the	 FAA	

prescribe	 special	 conditions	 for	 the	intended	 operation	 of	 the	DJI	 Phantom	 3	UAS,	which	

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

safety	 equivalent	 to	 that	 established	 by	 14	 C.F.R.	 Part	 21,	 Subpart	 H,	 and	 14	 C.F.R	 §§	

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

(2),	and	91.417(a)	&	(b).	Such	special	conditions	will	permit	safe	operation	of	the	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	 certicication	 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	3	UAS,	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	cinds	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	

cinds	 necessary	 to	 establish	 a	 level	 of	 safety	 equivalent	 to	 that	 established	 in	 the	

regulations.	

28
See	14	C.F.R.	§	21.16.

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

prescribe	 special	 conditions	 for	 Leading	 Edge’s	intended	 operation	 of	 the	 DJI	 Phantom	 3	

UAS,	 which	 contain	 such	 safety	 standards	 that	 the	 Administrator	 cinds	 necessary	 to	

establish	a	level	of	safety	equivalent	to	that	established	by	14	C.F.R.	Part	21,	Subpart	H,	and	

14	 C.F.R	 Sections	 61.113(a)	 &	 (b),	 91.7(a),	 91.121,	 91.151(b),	 91.405(a),	 91.407(a)(1),	

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

	 •	 	A	Summary	That	Can	Be	Published	in	The	Federal	Register,	stating:	The	

Rules	from	Which	Gregory	Brice	Seeks	Exemption:	

Gregory	 Brice	 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	Gregory	Brice	Seeks:	

This	 exemption	 will	 permit	 Gregory	 Brice	 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	

Gregory	Brice’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,	Gregory	Brice’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	

certicication.	

As	discussed	in	detail	above,	Gregory	Brice	will	operate	the	DJI	Phantom	3	UAS	safely	in	the	

NAS,	without	creating	a	hazard	to	users	of	the	NAS,	or	the	public,	or	otherwise	pose	a	threat	

to	national	security.	

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CONCLUSION 

As	 set	 forth	 herein,	 Gregory	 Brice	 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	UAS	commercially,	without	an	airworthiness	certicicate,	

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	 fulcilling	 the	

Congressional	 mandate	 of	 the	 FAA	 Modernization	 and	 Reform	 Act	 of	 2012,	 while	 also	

advancing	 the	 interests	 of	 the	 public,	 by	 allowing	 Gregory	 Brice	 to	 safely,	 efciciently,	 and	

economically	operate	the	DJI	Phantom	3	UAS	commercially	within	the	NAS.	

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

Modernization	 and	 Reform	 Act	 of	 2012,	 Section	 333,	 Gregory	 Brice	 respectfully	 requests	

that	 the	 Administrator	 grant	 this	 Petition	 for	 an	 exemption	 from	 the	 requirements	 of	 14	

C.F.R	 Sections	 61.113(a)	 &	 (b),	 91.7(a),	 91.121,	 91.151(b),	 91.405(a),	 91.407(a)(1),	

91.409(a)(1)	 &	 (a)(2),	 and	 91.417(a)	 &	 (b),	 and	 permit	 Leading	 Edge	 to	 operate	 the	 DJI	

Phantom	3	UAS	commercially	for	the	purpose	of	conducting	aerial	video	and	photography	

over	certain	areas	of	the	United	States.

Dated:	August	19,	2015

Respectfully	submitted,

Gregory	Brice

Owner

West	Coast	Aerial	Images

2111	Escenico	Terrace

Carlsbad,	CA	92009

(858)	900-3077

WestCoastAerialImages@Gmail.com

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Appendices 

1. Link	to	DJI	Phantom	3	Manual:	

http://download.djiinnovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf

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