1 MARK W. HILDEBRAND – PETITION FOR EXEMPTION



### Exemption Request

Regulatory Docket Number: TBD

The following petition is submitted by Mark W. Hildebrand, Private Pilot, and made to

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTATION WASHINGTON, DC 20591

for an exemption from Title 14, Code of Federal Reg ulations (14 CFR) part 21, subpart H; and 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 o peration of DJI Phantom 3 Professional and

DJI Phantom 3 Advanced unmanned aircraft systems.

Submitted on October 14, 2015

Mark W. Hildebrand
205 Fernwood Place Woodstock, GA 30188 Tel: (404) 487-87682 MARK W. HILDEBRAND – PETITION FOR EXEMPTION



### T A B L E O F C O N T E NT S

SUMMARY ...........................................

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

INTRODUCTION ......................................

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

BASIS FOR PETITION ................................

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

NAME AND MAILING ADDRESS OF PETITIONER ........... ............................................. 4

SPECIFIC SECTIONs OF 14 C.F.R. FROM WHICH MARK W. HILDEBRAND SEEKS

EXEMPTION .........................................

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

EXTENT OF RELIEF MARK W. HILDEBRAND SEEKS AND THE REASON MARK W.

HILDEBRAND SEEKS THE RELIEF .......................

................................................... ...... 7

HOW THIS REQUEST WOULD BENEFIT THE PUBLIC AS A WHO LE .............................. 9

REASONS WHY THIS EXEMPTION WOULD NOT ADVERSELY AFF ECT SAFETY ........... 12

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG ISTER ......................... 23

ANY ADDITIONAL INFORMATION, VIEWS, ARGUMENTS AVAIL ABLE TO SUPPORT

MARK.W.HILDEBRAND’S REQUEST .......................

.................................................. 23

CONCLUSION ........................................

................................................... .............................. 24

APPENDICES ........................................

................................................... ................................ 253 MARK W. HILDEBRAND – PETITION FOR EXEMPTION



### S U MMA R Y

Mark W. Hildebrand seeks exemption from the require ments of 14 C.F.R. part 21, subpart H; and Sections 61.113(a) & (b), 91.7(a), 91.121, 91.1 51(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmann ed Aircraft System (UAS) pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Mark W. Hildebrand to operate an UAS for the commercial purpose of conduction aerial video and photography for construction sites , real estate, surveying, and landscape over

certain areas of the United States.



### I N T RO D U C TI O N

Mark W. Hildebrand is a licensed private pilot (FAA Certificate Number 3676324) with 18 years of experience flying fixed wing single engine land aircraft (174.9 hours logged with 21.7 under hooded simulated instrument conditions), rotorcraft (0.6 hours logged), and fixed wing multiengine land aircraft (1.0 hour logged). Hildebrand is also a licensed real estate agent since 2001 with licenses in Florida (License Number 3013930) a nd Georgia (License Number 338552).

The objective of Mark W. Hildebrand’s aerial video and photography operation is to provide high quality imagery for a variety of commercial an d residential uses including:

• Aerial video and images for owners of residential a nd commercial properties for sale

• Aerial video and images for owners of vacant land a nd lots for sale

In order to conduct such operations, Mark W. Hildeb rand seeks an exemption to operate DJI systems, specifically the DJI Phantom 3 Professiona l and DJI Phantom 3 Advanced for compensation or hire within the National Airspace System (NAS). The DJI Phantom 3

Professional and DJI Phantom 3 Advanced are vertical takeoff and landing (VTOL) unmanned aircraft (UA) with a ground control station (GCS). All UAs will be operated by an individual with a pilot certification, current FAA airman medical cer tificate or a valid U.S. drivers’ license, and meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. All UAs w ill be registered in accordance with 49 U.S.C.
44103, **Registration of Aircraft** , as well as 14 C.F.R. Part 47, **Aircraft Registration** , and marked in accordance with 14 C.F.R. Part 45, **Identification and Registration Markings.**



### B AS I S F O R P E TITI O N

Petitioner, Mark W. Hildebrand, pursuant to the pro visions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and R eform Act of 2012 (FMRA), Section 333, **Special Rules for Certain Unmanned Aircraft Systems** , hereby petitions the Administrator to4 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

commercially operate the DJI Phantom 3 Professiona l and DJI Phantom 3 Advanced UASs in the National Airspace System (NAS), and for an exemption from the require ments of 14 C.F.R part 21, subpart H; and 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).

Name And Address Of The Petitioner:

Mark W. Hildebrand
205 Fernwood Place Woodstock, GA 30188 Tel: (404) 487-8768
Email: Mark@MarkSellsIt.com

Specific Sections Of 14 C.F.R. From Which Mark W. H ildebrand Seeks Exemption:

1. Mark W. Hildebrand Seeks Exemption From The Requir ements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges a nd 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 prope rty for compensation or hire; nor may that person, for compensation or hire, act as P IC 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 e mployment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. Mark W. Hildebrand Seeks Exemption From The Requir ements 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 i t is in an airworthy condition.

3. Mark W. Hildebrand Seeks Exemption From The Requir ements Of Section 91.121.

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

(a) Each person operating an aircraft shall maintain th e cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--5 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

(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 i n paragraph (a)(1)(i) of this section, the current reported altimeter set ting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radi o, the elevation of the departure airport or an appropriate altimeter s etting available before departure.

4. Mark W. Hildebrand Seeks Exemption From The Requir ements Of Section 91.151(b).

Section 91.151, entitled **Fuel requirements for flight in VFR conditions** , subsection (b), states the following:

**(b) No person may begin a flight in a rotorcraft un der VFR conditions unless (considering**  **wind and forecast weather conditions) there is enou gh fuel to fly to the first point of**  **intended landing and, assuming normal cruising spee d, to fly after that for at least 20** 

**minutes.**

5. Mark W. Hildebrand Seeks Exemption From The Requir ement 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 prescribe d 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. Mark W. Hildebrand Seeks Exemption From The Requir ements 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 undergo ne maintenance, preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a per son authorized under §43.7 of this chapter[.]

7. Mark W. Hildebrand Seeks Exemption From The Requir ements 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 --6 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authoriz ed 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. Mark W. Hildebrand Seeks Exemption From The Requir ements Of Sections 91.417(a) And 91.417(b).

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

(a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircr aft. The records must include--

(i) A description (or reference to data acceptable to t he 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 eng ine, each propeller,
and each rotor.

(ii) The current status of life-limited parts of each ai rframe, 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 b asis.

(iv) The current inspection status of the aircraft, incl uding the time since the last inspection required by the inspection prog ram under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness dire ctives (AD) and safety directives including, for each, the method o f compliance, the AD or safety directive number and revision date. If the A D or safety directive involves recurring action, the time and date when t he next action is required.7 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances.

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

(1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this s ection shall be retained and
transferred with the aircraft at the time the aircr aft is sold.

(3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

Extent Of Relief Mark W. Hildebrand Seeks And The R eason Mark W. Hildebrand Seeks
The Relief:

1. Extent Of Relief Mark W. Hildebrand Seeks And The R eason Mark W.
Hildebrand 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 P IC holding a private pilot or higher level certificate, as well as a cur rent and valid airman medical certificate, and who has met certain flight-hour and currency re quirements, 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 pas sengers or property for compensation or hire.

As set forth more fully below, Mark W. Hildebrand submits that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the DJI Phantom 3
Professional and DJI Phantom 3 Advanced 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 3 Professional and DJI Phantom 3 A dvanced UAS in a manner consistent with the operations specifications as de scribed in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate dista nces from people, vessels, vehicles and structures.

Further, Mark W. Hildebrand submits that all flight s of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs, conducted by the P IC pursuant to the grant of this Petition: (1) will be incidental to Mark W. Hildebrand’s business; and (2 ) will not carry

passengers or property for compensation or hire.8 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

2. Extent Of Relief Mark W. Hildebrand Seeks And The R eason Mark W. Hildebrand 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 Mark W. Hildebrand to dete rmine that the DJI Phantom 3
Professional and DJI Phantom 3 Advanced UASs are in airworthy condition prior to every flight by ensuring that the UAS is in complia nce with the operating documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Pr ofessional and DJI Phantom 3 Advanced Instruction Manual).

Mark W. Hildebrand seeks the requested relief becau se the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs do not require an a irworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. There fore, Mark W. Hildebrand will
ensure that the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professi onal and DJI Phantom 3 Advanced Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as state d in the conditions and limitations below.

3. Extent Of Relief Mark W. Hildebrand Seeks And The R eason Mark W.
Hildebrand Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the DJI Phantom 3 Professional and DJ I Phantom 3 Advanced UASs, which utilize a barometric pressure sensor, GPS equipment , and a radio communications telemetry data link to downlink altitude informatio n from the UA to the PIC at the ground control station (GCS). Since the FAA require s that any altitude information concerning UAS operations be reported to air traffi c control (ATC) in feet above ground level (AGL), Mark W. Hildebrand seeks the requested relief because the DJI Phantom 3
Professional and DJI Phantom 3 Advanced UA’s altime ter may be set on the ground to zero feet AGL, rather than the local barometric pre ssure or field altitude, before each flight.

Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with th e applicable conditions and limitations stated below. As more fully set forth h erein, an equivalent level of safety will
be maintained since the DJI Phantom 3 Professional and DJI Phantom 3 Advanced 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 flight, and provides the PIC with altitude inf ormation of the UA on the heads-up display of the GCS.

4. Extent Of Relief Mark W. Hildebrand Seeks And The R eason Mark W. Hildebrand Seeks Relief From Section 91.151(b).9 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs during daylight hours in visual meteorological conditions (VMC), under visual fligh t 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. Mark W . Hildebrand seeks the requested relief because without an exemption from Section 91.151(b) , the flight time duration of the battery powered DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs will severely constrain the practicality of any aerial v ideo or still photo flight operations that Mark W. Hildebrand proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical sp ecifications of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs, the DJI Phantom 3 Professional and DJI Phantom 3 Advanced operating documents, and Ma rk W. Hildebrand’s proposed operating limitations, ensure that Mark W. Hildebra nd will safely operate the battery powered DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs during daylight hours in visual meteorological conditions (VMC), un der 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 spee d, to fly after that for at least 4.5

minutes.

5. Extent Of Relief Mark W. Hildebrand Seeks And The Reason Mark W. Hildebrand Seeks Relief From Sections 91.405(a), 9 1.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate , Mark W. Hildebrand requests relief
from these Sections because the DJI Phantom 3 Prof essional and DJI Phantom 3 Advanced UASs do not require airworthiness certific ates. As set forth more fully below,
the DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UASs meet the conditions of FMRA Section 333 for operation without an airwor thiness certificate. Accordingly,
Mark W. Hildebrand will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e. Mon thly Maintenance Log, and DJI
Phantom 3 Professional and DJI Phantom 3 Advanced I nstruction Manual). Furthermore, Mark W. Hildebrand will document and m aintain all maintenance records
for the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs.

How This Request Would Benefit The Public As A Whol e:

Granting the present Petition will further the publ ic interest by allowing Mark W. Hildebrand to safely, efficiently, and economically perform aerial video and photography for construction sites, real estate, an d landscape over certain areas of the United States. Additionally, use of the DJI Phanto m 3 Professional and DJI Phantom 3 Advanced UASs will decrease congestion of the NAS, reduce pollution, and provide10 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

significant benefits to the economy. Notably, the b enefits of Mark W. Hildebrand’s proposed operation of the DJI Phantom 3 Professiona l and DJI Phantom 3 Advanced UASs will be realized without implicating any priva cy issues.

1. The Public Will Benefit From Decreased Congestion O f The NAS.

The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UAs are battery powered and serve as a safe, efficient, and economical alte rnative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U AS would reduce the amount of manned aircraft in the NAS, reduce noise and air po llution, as well as increase the safety of life and property in the air and on the g round.

Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and d eparting aircraft will be reduced.
The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UAs do not require an airport to takeoff or land. Likewise, a reduction o f manned aircraft conducting aerial video and photography missions would result in fewe r aircraft that must be handled by air traffic control during the ground, takeoff, dep arture, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficie ncy Of The DJI Phantom 3
Professional and DJI Phantom 3 Advanced UASs

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs, instead of manned aircraft, will gre atly benefit the public by drastically reducing the levels of air and noise pollution gene rated during traditional aerial video and still photography flight operations. By using b attery power and electric motors, the
DJI Phantom 3 Professional and DJI Phantom 3 Advanc ed UASs produce no air pollution, and is the most viable environmentally conscious al ternative to the cabin class, six cylinder internal combustion engine aircraft that a re typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded
aviation fuel. The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs, while reducing the carbon footprint of aerial acquisition s, also eliminates noise pollution, as the UAs are propelled by battery powered electric m otors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional and DJI Ph antom 3 Advanced UASs to perform aerial acquisitions, the substantial risk to life a nd 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. Asi de from the lack of flight crew members located onboard the aircraft, the DJI Phan tom 3 Professional and DJI Phantom 3 Advanced UAs (each weighing approximately 2 pounds 13 ounces at their maximum gross weights with lengths of 16.4 inches, widths of 16.4 inches and with no11 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

fuel on board), has less physical potential for col lateral 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 po unds with a wingspan of approximately 42 feet, a length of 34 feet, and a f uel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3
Professional and DJI Phantom 3 Advanced UASs Will B enefit The Economy.

In addition to being safe and efficient, the DJI Ph antom 3 Professional and DJI Phantom
3 Advanced UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operati on of the DJI Phantom 3 Professional
and DJI Phantom 3 Advanced UASs will allow United S tates based companies, like Mark W. Hildebrand, 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 leade d aviation fuels, U.S. owned and operated companies must adopt new and alternative t echnology in order to remain competitive. Operating the battery powered DJI Phan tom 3 Professional and DJI Phantom 3 Advanced 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 3 Professional and DJI Phantom 3 Advanced U ASs, companies such as Mark W. Hildebrand, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through
commercial use of the DJI Phantom 3 Professional a nd DJI Phantom 3 Advanced UASs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to i nvest in research and development in order to remain competitive both in the United S tates and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, Mark W. Hildebrand’s proposed operation of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs will not implicate any privacy issues. Specifically, the
DJI Phantom 3 Professional and DJI Phantom 3 Advanc ed UASs will be operated only in compliance with operating documents (i.e. Monthly Maintenance Log, and DJI Ph antom 3 Professional and DJI Phantom 3 Advanced Instructi on 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. § 91.11912 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

Reasons Why This Exemption Would Not Adversely Affe ct Safety:

1. Reasons Why The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs
Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FM RA)

Section 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Mark W. Hi ldebrand’s operation of the DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs meet the conditions of FMRA Section 333, and will not require an airworthi ness 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 threa t to national security. Specifically, FMRA Section 333 states the following, in part:

**(a) In General.--Notwithstanding any other requirement**  **of this subtitle, and not later than 180 days after the date of enactment of**  **this Act, the Secretary of Transportation shall determine if certain unmanned**  **aircraft systems may operate safely in the national airspace system before compl**  **etion 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, a**  **s 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 aut**  **horization, or airworthiness certification under section 44704 of**  **title 49, United States Code, is required for the operation of unmanned air**  **craft systems identified**  **under paragraph (1).**

**(c) Requirements for Safe Operation.--If the Secretary**  **determines under this section that certain unmanned aircraft systems may operate**  **safely in the national airspace**  **system, the Secretary shall establish requirements for the safe**  **operation of such aircraft systems in the national airspace system.** 

In seeking this exemption, Mark W. Hildebrand submi ts that the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional and DJI13 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

Phantom 3 Advanced UASs; (b) the pilot certificatio n requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Professiona l and DJI Phantom 3
Advanced UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UASs do not create a
hazard to users of the NAS or the public, or otherwise pose a threa t to national security considering its size, weight, speed, and operationa l capability.

i. Technical Specifications Of The DJI Phantom 3 Profe ssional and DJI
Phantom 3 Advanced UASs.

The technical specifications of the DJI Phantom 3 P rofessional and DJI Phantom 3 Advanced UASs are set forth by the DJI Ph antom 3 Professional and
DJI Phantom 3 Advanced User Manuals, attached hereto as Exhibit A and B.

ii. The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain
Within A Defined Operational Area.

The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced 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 3 Professional and DJI Phantom 3 Advanced UASs is pro vided at pages 40-47 of
the DJI Phantom 3 Professional and Phantom 3 Advanc ed User Manuals,
attached.

iii. The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UASs Are Designed For Automatic Return To Home Point Or Hove r In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Pr ofessional and DJI Phantom 3 Advanced UAs will remain stationary, in f light, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI Pha ntom 3 Advanced UASs do not reacquire control link data fr om 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 tak eoff position
and shutdown.

A complete description of the Failsafe Functions of DJI Phantom 3
Professional and DJI Phantom 3 Advanced UASs are se t forth at pages 12 through 14 of the DJI Phantom 3 Professional and DJ I Phantom 3 Advanced User Manuals, attached.

iv. The DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced GCS And Its Operation.

A complete description of the operation and specifi cations of the DJI14 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

Phantom 3 Professional and DJI Phantom 3 Advanced G CS and flight control software is provided at pages 34 through 38 of the DJI Phantom 3
Professional and DJI Phantom 3 Advanced User Manuals. DJI Phantom 3
Professional and DJI Phantom 3 Advanced User Manual s are attached.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs Are Limited To The Line Of Sight Of A Certific ated Pilot in Command With A Safety Observer.

Mark W. Hildebrand will only utilize certificated p ilots who possess a current and valid airman medical certificate to act as a pilot in com mand (PIC) of the DJI Phantom 3
Professional and DJI Phantom 3 Advanced UASs. Addit ionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Phant om 3 Advanced UASs Will
Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Mark W. Hildebrand propo ses to commercially operate DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs for the special purpose of conducting aerial video and photography over cer tain areas of United States, pursuant to the following specific operating limita tions:

1. Operations authorized by this grant of exemption wi ll be limited to the following aircraft described in the operating documents, roto rcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professi onal and DJI Phantom 3 Advanced Unmanned Aircraft Systems. Proposed operat ions 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 e xceeding 20 knots.

4. The UA must be operated at an altitude of no more t han 500 feet above ground level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and approved by AT C. All altitudes reported to
ATC must be in feet AGL.

5. The UAs must be operated within visual line of sigh t (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified on the P IC’s FAA-issued airman medical
certificate.

6. The use of first person view (FPV) by the PIC or sa fety 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 main tains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or15 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designati on 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 ass isting the PIC with seeing and avoiding other air traffic and other gro und based obstacles/obstructions and is not permitted to oper ate 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 Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the operat ing documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the p rocedures as outlined in its operating documents. The operator may update or rev ise its operating documents. It is the operator’s responsibility to track such r evisions and present updated and revised documents to the Administrator upon request . The operator must also present updated and revised documents if it petitio ns for extension or amendment to the grant of exemption. If the operator determin es that any update or revision would affect the basis upon which the FAA granted t he exemption, then the operator must petition for amendment to its grant o fexemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if que stions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS t o ensure that it is in a condition for safe flight. If the inspection reveals a condit ion 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 alteratio ns that affect the UAS operation or flight characteristics, e.g. replaceme nt 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 pote ntial discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents.

13. he operator must follow the UAS manufacturer’s airc raft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspec tions, and record keeping requirements, in accordance with the operating docu ments. Maintenance,16 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

inspection, alterations, and status of replacement/ overhaul component parts must be noted in the aircraft records, including total t ime 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 air craft record of the corrective action taken against discrepancies disco vered between inspections.

17. The PIC must possess at least a private pilot certi ficate and at least a current
third- class medical certificate.

18. The operator may not permit any PIC to operate unle ss 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 maneuver s and maintaining appropriate distances from persons, vessels, vehicl es and structures. PIC qualification flight hours must be logged in a mann er 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. Durin g training, proficiency, and experience-building flights, all persons not essent ial for flight operations are considered nonparticipants, and the PIC must operat e 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, a s defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special re quest will be made at the FAA office closest to proposed area of operations. Flights und er special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA-published aeronautical cha rt 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 les s than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS sig nal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating document s.

23. The PIC must abort the flight in the event of unpre dicted obstacles or17 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

emergencies in accordance with the operating docume nts.

24. The PIC is prohibited from beginning a flight unles s (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 Organizatio n (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a ny 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 acc ordance 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 exempt ion must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N- Number) markings in accordance w ith 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency s pectrum used for operation and control of the UA must comply with th e Federal Communications Commission (FCC) or other appropriat e government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 an d 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 Admin istrator 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 mov ing device or vehicle.

31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientl y protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain un der such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the risk of operating18 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

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 per sons per § 91.119(a).

32. All operations shall be conducted over private or c ontrolled-access property with permission from the land owner/controller or a uthorized 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 tr ansgresses the lateral or vertical boundaries of the operational area as defi ned by the applicable COA must be reported to the FAA's UAS Integration Office (AF S-80) within 24 hours. Accidents must be reported to the National Transportation Saf ety Board (NTSB) per
instructions contained on the NTSB Web site: www.ntsb.gov

.

2. Reasons Why An Exemption From The Requirements Of S ection 61.113(a) And (b) Would Not Adversely Affect Safety.

Mark W. Hildebrand submits that the equivalent leve l of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional and DJI Phantom 3 Ad vanced UAS in a
manner consistent with the exemption, including evasive and emergency maneuver s and maintaining appropriate distances from people, vessels, vehicles and struct ures.

Considering Mark W. Hildebrand’s proposed area of o perations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate t he DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAS, Mark W. Hildebrand submits that the additional manned airmanship experience of a commercially certificate d pilot would not correlate to the airmanship skills necessary for Mark W. Hildebrand ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption
Nos. 11062, 11063, 11064, 11065, 11066, 11067, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11 161, 12991).

Mark W. Hildebrand will not allow any PIC to operat e the DJI Phantom 3 Professional and DJI
Phantom 3 Advance UAS unless that PIC has demonstra ted, by meeting minimum flight-hour requirements or the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAS training and currency requirements, that the PIC is able to safely operat e the DJI Phantom 3
Professional and DJI Phantom 3 Advanced UAS in a ma nner consistent with this exemption,19 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

including evasive and emergency maneuvers and maint aining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and log ged, 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 ma ke 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 regulati ons will ensure an equivalent level of safety during Mark W. Hildebrand’s proposed operati ons. The Administrator has held that prior documented flight experience that was obtaine d in compliance with applicable regulations would ensure safe operations, stating a s follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar o perations), 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 l east 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under E xemption 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 the se 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 th e 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 prec eding 90 days (for currency purposes). The FAA finds that at a minimum, the fli ght-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 find s that prior documented flight experience that was obtained in compliance w ith applicable regulations would satisfy this requireme nt. Training, proficiency, and experience-building flights can also be conducted under the grant of ex emption to accomplish the required flight time. During training, proficiency, and experiencebuilding 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, Mark W. Hildebrand will ensure safe op erations by not allowing any PIC to operate the DJI Phantom 3 Professional and DJI P hantom 3 Advanced UAS unless that PIC has demonstrated, by meeting minimum fligh t-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional
and DJI Phantom 3 Advanced UAS in a manner consiste nt with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.20 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

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

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Mark W. Hildebrand will ensu re that the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAS is in an airworthy c ondition based upon the UAS’s compliance with its operating documents and as stat ed 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, 1108 0, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11 158, 11159, 11160, 11161, 12991).

4. Reasons Why An Exemption From The Requirements Of S ection 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.121 will be maintained because the
altitude information of the DJI Phantom 3 Professio nal and DJI Phantom 3 Advanced UAs will be provided to the PIC via GPS equipment and a radi o communications telemetry data link,
which downlinks from the UA to the GCS for active m onitoring of the flight path and altitude. This altitude information, combined with Mark W. Hi ldebrand’s operation of the DJI Phantom
3 Professional and DJI Phantom 3 Advanced UAs withi n 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 onboar d the aircraft. Prior to each flight, a zero altitude initiation point is automatically establis hed 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, 1 1067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161, 12991).

5. Reasons Why An Exemption From The Requirements Of S ection 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the tec hnical specifications of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs; (2) t he limitations on the proposed flight operations; and (3) the location of the proposed flight operati ons. Accordingly, Mark W. Hildebrand will ensure that it will safely operate the battery powered DJI Phantom 3 Professional and DJI Phantom 3 Advanced 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 lea st 4.5
minutes.

Here, as in Exemption No. 11109, the technical spec ifications of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs; the l imitations on the proposed flight21 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

operations; and the location of the proposed operat ions, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Further more, safety will be ensured as the
DJI Phantom 3 Professional and DJI Phantom 3 Advanc ed 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 po wer, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs will descend and land automatically.

Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected when the tech nical characteristics and operating
limitations of the UAS are considered. Relief has b een 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 g ranted relief from Section 91.151 specific to UAS, in circumstances similar, in all m aterial respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 110 62, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11 156, 11157, 11158, 11159, 11160, 11161, 12991).

6. Reasons Why An Exemption From The Requirements Of S ections 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, Mark W. Hildebrand submi ts that the equivalent level of safety with regard to the regulatory maintenance and alter ation 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 Mark W. Hildebrand will use trained technic ians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i. e., the Mark W. Hildebrand Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional and DJI Phantom 3 Advanced Instruction Manual). Furthermore , Mark W. Hildebrand will
document and maintain all maintenance records for t he DJI Phantom 3 Professional and DJI
Phantom 3 Advanced UASs.

Since the DJI Phantom 3 Professional and DJI Phant om 3 Advanced UASs will be inspected as prescribed by the operating documents, Mark W. Hildebrand will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional and DJI Phantom 3 Advanc ed User
Manuals are attached hereto as Exhibit C and D.

Likewise, the exemption sought will not adversely a ffect safety because Mark W. Hildebrand will use trained technicians to perform maintenance , alterations or preventive maintenance on the UAS using the methods, techniques, and pract ices prescribed by the operating
documents.

Furthermore, the exemption sought would maintain an equivalent level of safety22 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

established by Sections 91.407, 91.417(a) and 91.41 7(b), because all maintenance of the DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs will be performed by trained
technicians. Maintenance will be documented and mai ntained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the F AA 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 characteristi cs and operating limitations of the UAS
are considered.

In consideration of Mark W. Hildebrand’s proposed o perating limitations, the operating documents, and the technical aspects of the DJI Pha ntom 3 Professional and DJI Phantom 3 Advanced UASs, Mark W. Hildebrand submits that safe ty 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 grant ed relief specific to UAS in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062,
11063, 11064, 11065, 11066, 11067, 11080, 11109, 11 110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 12 991).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Mark W. Hildebrand requests that the FAA prescribe special conditions for the intended opera tion of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced 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 §§ 61.11 3(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 limit ed 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 conside ring whether a UAS will create a hazard to users of the NAS or the public, or otherwise pos e a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification in accordance with any requirements that must be es tablished for the safe operation of the
UAS in the NAS.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional an d DJI Phantom 3 Advanced UASs, 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 desig n 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 air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and ame ndments thereto for the product.23 MARK W. HILDEBRAND – PETITION FOR EXEMPTION

The special conditions are issued in accordance wit h Part 11 of this chapter and contain such safety standards for the aircraft, air craft engine or propeller as the FAA finds necessary to establish a level of safety equi valent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s int ended operation of the DJI
Phantom 3 Professional and DJI Phantom 3 Advanced U ASs, which contain such safety standards that the Administrator finds neces sary 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 Regi ster:

**Mark W. Hildebrand seeks exemption from the require ments 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 Mark W. Hildebrand Seeks:

**This exemption will permit Mark W. Hildebrand to co mmercially 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 Ava ilable To Support Mark W. Hildebrand’s Request:

This Petition is made pursuant to the FAA Moderniza tion 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, Mark W. Hildebrand’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 co nsidering whether a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a threat to national security; and further, provides the authority for s uch UAS to operate without
airworthiness certification.

As discussed in detail above, Mark W. Hildebrand wi ll operate the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to nation al security.24 MARK W. HILDEBRAND – PETITION FOR EXEMPTION



### C ON C L U S I O N

As set forth herein, Mark W. Hildebrand seeks an ex emption pursuant to 14 C.F.R. § 11.61 and
Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs commercially, without an airworthiness certificate, for the limit ed purpose of conducting aerial video and photography over certain areas of the United States. By grantin g this Petition, the FAA
Administrator will be fulfilling the Congressional mandate of the FAA Mod ernization and Reform Act of 2012, while also advancing the intere sts of the public, by allowing Mark W. Hildebrand to safely, efficiently, and economically operate the DJI Phantom 3 Professi onal and DJI Phantom 3 Advanced UASs commercially within the NAS.

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Mark W. Hildeb rand respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs commercially for the purpos e of conducting aerial video and photography over certain areas of the United States

. Dated: October 14, 2015

Respectfully,

Mark W. Hildebrand25 MARK W. HILDEBRAND – PETITION FOR EXEMPTION



### A PP E N D IC E S

A – DJI Phantom 3 Professional Manufacturer’s User Manual

B – DJI Phantom 3 Advanced Manufacturer’s User Manu al