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 Regulations (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 operation 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) 487-8768 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

TABLEOFCONTENTS 

 

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 WHOLE .............................. 9 

 REASONS WHY THIS EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY ........... 12 

 A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER ......................... 23 

 ANY ADDITIONAL INFORMATION, VIEWS, ARGUMENTS AVAILABLE TO SUPPORT 

MARK.W.HILDEBRAND’S REQUEST ......................................................................... 23 

CONCLUSION ......................................................................................................................... 24 

APPENDICES ........................................................................................................................... 25 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

 

 

 

SUMMARY 

Mark W. Hildebrand seeks exemption from the requirements 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), to operate an Unmanned 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. 

INTRODUCTION 

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) and 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 and residential uses including: 

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

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

In order to conduct such operations, Mark W. Hildebrand seeks an exemption to operate DJI

systems, specifically the DJI Phantom 3 Professional 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 certificate 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 will be registered in accordance with 49 U.S.C. 

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

accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

BASISFORPETITION 

Petitioner, Mark W. Hildebrand, 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 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

commercially operate the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs in the 

National Airspace System (NAS), and for an exemption from the requirements 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. Hildebrand Seeks Exemption:

1. Mark W. Hildebrand Seeks Exemption From The Requirements Of Section 

61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part: 

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

of an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as PIC of an aircraft. 

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

with any business or employment if— 

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

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

2. Mark W. Hildebrand 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. Mark W. Hildebrand Seeks Exemption From The Requirements Of Section 91.121.

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

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- 

(1) Below 18,000 feet MSL, to-- 
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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 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. Mark W. Hildebrand Seeks Exemption From The Requirements Of Section 91.151(b).

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

states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20

minutes.

5. Mark W. Hildebrand 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. Mark W. Hildebrand Seeks Exemption From The Requirements Of 

Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive

maintenance, rebuilding, or alteration unless-- 

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

§43.7 of this chapter[.] 

7. Mark W. Hildebrand 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 -- 
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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 authorized by § 43.7 of this chapter;

or 

(2) An inspection for the issuance of an airworthiness certificate in accordance

with part 21 of this chapter. 

8. Mark W. Hildebrand Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

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

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered

owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 

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

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

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

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

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

the work performed; and 

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

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

aircraft for return to service. 

(2) Records containing the following information: 

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

and each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the

aircraft and its appliances are maintained. 

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

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

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

involves recurring action, the time and date when the next action is 

required. 
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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 installed engines, rotors,

propellers, and appliances. 

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

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

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

performed. 

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

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

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

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

approved for return to service. 

Extent Of Relief Mark W. Hildebrand Seeks And The Reason Mark W. Hildebrand Seeks 

The Relief:

1. Extent Of Relief Mark W. Hildebrand Seeks And The Reason 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 PIC holding a private

pilot or higher level certificate, as well as a current and valid airman medical certificate,

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

proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or

employment; and (2) The aircraft does not carry passengers or property for

compensation or hire. 

As set forth more fully below, Mark W. Hildebrand submits that an equivalent level of 

safety will be maintained because no PIC will be allowed 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 Advanced UAS in a manner 

consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Further, Mark W. Hildebrand submits that all flights of the DJI Phantom 3 Professional 

and DJI Phantom 3 Advanced UASs, conducted by the PIC 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. 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

2. Extent Of Relief Mark W. Hildebrand Seeks And The Reason 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 determine 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 compliance with the operating documents 

(i.e. Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Phantom 3 

Advanced Instruction Manual). 

Mark W. Hildebrand seeks the requested relief because the DJI Phantom 3 Professional 

and DJI Phantom 3 Advanced UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 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 Professional and DJI Phantom 3 

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

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

3. Extent Of Relief Mark W. Hildebrand Seeks And The Reason Mark W. 

Hildebrand Seeks Relief From Section 91.121. 

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

operations of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs, which 

utilize a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the 

ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground 

level (AGL), Mark W. Hildebrand seeks the requested relief because the DJI Phantom 3 

Professional and DJI Phantom 3 Advanced UA’s altimeter may be set on the ground to 

zero feet AGL, rather than the local barometric pressure or field altitude, before each 

flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 

is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom 3 Professional 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 information of the UA on the heads-up 

display of the GCS. 

4. Extent Of Relief Mark W. Hildebrand Seeks And The Reason Mark W. 

Hildebrand Seeks Relief From Section 91.151(b). 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

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

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

Professional and DJI Phantom 3 Advanced UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 

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

to fly after that for at least 4.5 minutes. 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 video or still photo flight operations that 

Mark W. Hildebrand proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications 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 Mark W. Hildebrand’s proposed 

operating limitations, ensure that Mark W. Hildebrand will safely operate the battery 

powered DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 

enough battery power to fly for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. 

5. Extent Of Relief Mark W. Hildebrand Seeks And The Reason Mark W. 

Hildebrand 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 certificate, Mark W. Hildebrand requests relief 

from these Sections because the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced UASs do not require airworthiness certificates. As set forth more fully below, 

the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs meet the conditions 

of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

Mark W. Hildebrand will use trained technicians to perform maintenance, alterations, 

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

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

Phantom 3 Professional and DJI Phantom 3 Advanced Instruction Manual). 

Furthermore, Mark W. Hildebrand will document and maintain all maintenance records 

for the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs. 

How This Request Would Benefit The Public As A Whole:

Granting the present Petition will further the public interest by allowing Mark W. 

Hildebrand to safely, efficiently, and economically perform aerial video and 

photography for construction sites, real estate, and landscape over certain areas of the 

United States. Additionally, use of the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced UASs will decrease congestion of the NAS, reduce pollution, and provide 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

significant benefits to the economy. Notably, the benefits of Mark W. Hildebrand’s 

proposed operation of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced 

UASs will be realized without implicating any privacy issues. 

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

The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs are battery powered 

and serve as a safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the amount of manned 

aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI 

Phantom 3 Professional and DJI Phantom 3 Advanced 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 Professional and DJI Phantom 3 Advanced 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 traffic control during the ground, takeoff, departure, arrival, and landing phases of 

flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 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 greatly benefit the public by drastically 

reducing the levels of air and noise pollution generated during traditional aerial video 

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

DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs produce no air pollution, 

and is the most viable environmentally conscious alternative to the cabin class, six 

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

and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAs, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UAs are propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs to perform 

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

which is usually associated with traditional manned aircraft flight operations, will be 

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

members located onboard the aircraft, the DJI Phantom 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 no 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

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 

Professional and DJI Phantom 3 Advanced UASs Will Benefit The Economy. 

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Phantom 

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

conduct similar aerial operations. As such, operation of the DJI Phantom 3 Professional 

and DJI Phantom 3 Advanced UASs will allow United States 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 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 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 UASs, 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 and DJI Phantom 3 Advanced UASs, 

provides a stable workforce that increases consumer spending; improves local, state, 

and federal tax revenues; and allows companies to invest in research and development 

in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues.

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

decades, 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 Advanced UASs will be operated only in 

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

3 Professional and DJI Phantom 3 Advanced Instruction Manual) which requires property 

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

the Federal Aviation Regulations, including the minimum altitude requirements of 14 

C.F.R. § 91.119 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

Reasons Why This Exemption Would Not Adversely Affect 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 (FMRA) 

Section 333.

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

the unmanned aircraft and its operation, Mark W. Hildebrand’s operation of the DJI 

Phantom 3 Professional and DJI Phantom 3 Advanced UASs meet the conditions of 

FMRA Section 333, and will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users

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

FMRA Section 333 states the following, in part: 

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

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

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by section 334 of this 

Act.

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

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

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

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to 

users of the national airspace system or the public or pose a threat to 

national security; and

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

airworthiness certification under section 44704 of title 49, United States

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

under paragraph (1).

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

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

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

aircraft systems in the national airspace system.

In seeking this exemption, Mark W. Hildebrand submits 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 DJI 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

Phantom 3 Advanced UASs; (b) the pilot certification requirement; and (c) the specific 

operating limitations. 

a. The Specifications Of The DJI Phantom 3 Professional and DJI Phantom 3 

Advanced UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs do not create a 

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

security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced UASs.

The technical specifications of the DJI Phantom 3 Professional and DJI 

Phantom 3 Advanced UASs are set forth by the DJI Phantom 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 Advanced 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 Advanced 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 provided at pages 40-47 of 

the DJI Phantom 3 Professional and Phantom 3 Advanced User Manuals, 

attached. 

iii. The DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs 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 Professional and DJI 

Phantom 3 Advanced UAs will remain stationary, in flight, for 3 seconds or 

more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced UASs do not reacquire control link data from the GCS, the UAs will 

assume that the Control Link is lost and the UAs will return to the home 

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

and shutdown. 

A complete description of the Failsafe Functions of DJI Phantom 3 

Professional and DJI Phantom 3 Advanced UASs are set forth at pages 12 

through 14 of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced 

User Manuals, attached. 

iv. The DJI Phantom 3 Professional and DJI Phantom 3 Advanced GCS And Its 

Operation.

A complete description of the operation and specifications of the DJI 
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MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

Phantom 3 Professional and DJI Phantom 3 Advanced GCS 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 Manuals 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 Certificated Pilot in Command With A 

Safety Observer.

Mark W. Hildebrand will only utilize certificated pilots who possess a current and valid 

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

Professional and DJI Phantom 3 Advanced UASs. Additionally, a safety observer will 

assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs Will 

Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Mark W. Hildebrand proposes to commercially operate DJI 

Phantom 3 Professional and DJI Phantom 3 Advanced UASs for the special purpose 

of conducting aerial video and photography over certain areas of United States,

pursuant to the following specific operating limitations: 

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

aircraft described in the operating documents, rotorcraft UASs weighing less than 55 

pounds maximum gross weight: DJI Phantom 3 Professional and DJI Phantom 3 

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

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

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

the purpose of aerial video and photography. 

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

4. The UA must be operated at an altitude of no more than 500 feet above ground 

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

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

ATC must be in feet AGL. 

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

times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate. 

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

permitted. 

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

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

and PIC must be able to communicate verbally at all times. Electronic messaging or 
15

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 designation for the duration of the flight. 

The PIC must ensure that the SO can perform the functions prescribed in the 

operating documents. 

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

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other

instruments. 

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

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

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

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

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

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

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

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

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

present updated and revised documents if it petitions for extension or amendment 

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

would affect the basis upon which the FAA granted the exemption, then the 

operator must petition for amendment to its grant ofexemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

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

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

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

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

Ground Control Station must be included in the preflight inspection. All maintenance 

and alterations must be properly documented in the aircraft records. 

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

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

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

must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

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

sections of the operating documents. 

13. he 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, 
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 time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

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

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current

third- class medical certificate. 

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

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

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

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

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

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

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

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

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

1.1. All operations must be conducted under visual meteorological conditions 

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

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

(SVFR) are not authorized. 

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

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

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

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

agreement with the airport management must be made available to the

Administrator upon request. 

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

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

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

predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or
17

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

emergencies in accordance with the operating documents. 

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

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

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

remaining. 

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

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

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

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

operation. All operations shall be conducted in accordance with airspace 

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

potential transponder requirements. 

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

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

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

Markings must be as large as practicable. 

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

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

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

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

These documents must be made available to the Administrator or any law 

enforcement official upon request. 

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

operations and activities at all times. 

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

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

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

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

permission and the PIC has made a safety assessment of the risk of operating 
18

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 persons per § 

91.119(a). 

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

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

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted. 

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

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

be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents 

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

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

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

Would Not Adversely Affect Safety. 

Mark W. Hildebrand 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 Professional and DJI Phantom 3 Advanced UASs unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAS in a 

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

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

Considering Mark W. Hildebrand’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 Professional and DJI 

Phantom 3 Advanced UAS, Mark W. Hildebrand submits that the additional manned 

airmanship experience of a commercially certificated 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, 11080, 11109, 11110, 11112, 11136, 

11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 12991). 

Mark W. Hildebrand will not allow any PIC to operate the DJI Phantom 3 Professional and DJI 

Phantom 3 Advance UAS unless that PIC has demonstrated, 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 operate the DJI Phantom 3 

Professional and DJI Phantom 3 Advanced UAS in a manner consistent with this exemption, 
19

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours 

of those hours as a UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

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

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

safety during Mark W. Hildebrand’s proposed operations. The Administrator has held that 

prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows: 

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

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

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

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC 

must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

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

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

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

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

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

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

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

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

that prior documented flight experience that was obtained in compliance with 

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

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

accomplish the required flight time. During training, proficiency, and 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 operations by not allowing any PIC 

to operate the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional 

and DJI Phantom 3 Advanced UAS in a manner consistent 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 Section 91.7(a) Would Not

Adversely Affect Safety.

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

prior to every flight, Mark W. Hildebrand will ensure that the DJI Phantom 3 Professional 

and DJI Phantom 3 Advanced UAS is in an airworthy condition based upon the UAS’s 

compliance with its operating documents and as stated in the conditions and limitations 

herein. 

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

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

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

11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 12991). 

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 Professional and DJI Phantom 3 Advanced UAs will 

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

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

This altitude information, combined with Mark W. Hildebrand’s operation of the DJI Phantom 

3 Professional and DJI Phantom 3 Advanced UAs within visual line of sight, at or below 400

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

will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UASs at ground level. 

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

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

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

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 12991). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 

Professional and DJI Phantom 3 Advanced UASs; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. 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 least 4.5 

minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Professional and DJI Phantom 3 Advanced UASs; the limitations on the proposed flight 
21

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

operations; and the location of the proposed operations, will ensure an equivalent level of 

safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the

DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs provide audible and visual 

warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first 

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

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

Phantom 3 Professional and DJI Phantom 3 Advanced UASs will descend and land 

automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

that safety is not adversely affected when the technical characteristics and operating 

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

at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 

5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 

specific to UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161, 12991). 

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, Mark W. Hildebrand 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 Mark W. Hildebrand will use trained technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., the Mark W. Hildebrand Aerial 

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

Phantom 3 Advanced Instruction Manual). Furthermore, Mark W. Hildebrand will 

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

Phantom 3 Advanced UASs. 

Since the DJI Phantom 3 Professional and DJI Phantom 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 Advanced User 

Manuals are attached hereto as Exhibit C and D. 

Likewise, the exemption sought will not adversely affect safety because Mark W. Hildebrand 

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
22

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

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

Phantom 3 Professional and DJI Phantom 3 Advanced UASs will be performed by trained 

technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

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

91.407(a)(1), 91.409(a)(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 Mark W. Hildebrand’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional and DJI Phantom 3 

Advanced UASs, Mark W. Hildebrand 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 specific to UAS in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161, 12991). 

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, Mark W. Hildebrand requests that the FAA 

prescribe special conditions for the intended operation 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 §§ 61.113(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 certification 

in accordance with any requirements that must be established for the safe operation of the 

UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 

for operation of the DJI Phantom 3 Professional and 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 design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

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

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

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

propeller, he prescribes special conditions and amendments thereto for the product. 
23

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

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

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

finds necessary to establish a level of safety equivalent to that established in 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 intended operation 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 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:

Mark W. Hildebrand 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 Mark W. Hildebrand Seeks:

This exemption will permit Mark W. Hildebrand 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 Mark W. 

Hildebrand’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, 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 considering whether a UAS will create

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

security; and further, provides the authority for such UAS to operate without

airworthiness certification. 

As discussed in detail above, Mark W. Hildebrand will 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 national 

security. 
24

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

CONCLUSION 

As set forth herein, Mark W. Hildebrand seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Phantom 3 Professional and DJI Phantom 3 Advanced UASs commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing Mark W. 

Hildebrand to safely, efficiently, and economically operate the DJI Phantom 3 Professional 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. Hildebrand 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 purpose of conducting aerial video and 

photography over certain areas of the United States. 

Dated: October 14, 2015

Respectfully, 

Mark W. Hildebrand 
25

MARK W. HILDEBRAND – PETITION FOR EXEMPTION 

APPENDICES 

A – DJI Phantom 3 Professional Manufacturer’s User Manual 

B – DJI Phantom 3 Advanced Manufacturer’s User Manual