UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

JDS Design Concepts Media 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

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

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

OPERATION OF DJI PHANTOM +UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

CPUBLIC LAW 112-95) 

Submitted on Sept 15, 2015 

JDS Design Concepts Media 

Joseph Simpson 

114 Ocatahoula Rd 

Lafayette, Louisiana 7050 I 

337-344-11 06 

jds269@.gmail.com 
TABLE OF CONTENTS 

Page 

GLOSSARY OF ABBREVIATIONS ................................................................... ............ . 3 

SUMMARY ........................................................................................................................ 4 

INTRODUCTION AND INTERESTS OF PETITIONER ................................................ .4 

BACKGROUND ................................................................................................................. 5 

BASIS FOR PETITION ..................... ................................................................................ 5 

NAME AND ADDRESS OF PETITIONER ........................................................ . 8 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH IDS Design Concepts Media 

SEEKS EXEMPTION ........................................................................................... 8 

THE EXTENT OF RELIEF JDS Design Concepts Media SEEKS AND THE 

REASON IDS Design Concepts Media SEEKS THE RELIEF ......................... 11 

THE REASONS WHY GRANTING IDS Design Concepts Media REQUEST WOULD 

BE IN THE PUBLIC INTEREST ....... .. .............................................................. 15 

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY .................................................................................................. l9 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER . .... 35 

CONCLUSION ................................................................................................................... 35 

EXHIBITS ....... ... .. .... .. .. . .. ........................................ ... ... ... .. . .. .. .. .... .. ... .... 36 

2 
AGL 

AOI 

ATC 

ATO 

AV 

CFR 

COA 

FAA 

FAR 

GCS 

GPS 

LOL 

NAS 

NOT AM 

PIC 

Section 333 

SOP 

UA 

UAS 

VFR 

VLOS 

VMC 

VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level 

Area oflnterest 

Air Traffic Control 

Air Traffic Organization 

Aerial Vehicle 

Code of federal Regulations 

Certificate of Authorization 

Federal Aviation Administration 

Federal Aviation Regulation 

Ground Control Station 

Global Positioning System 

Loss of Link 

National Airspace System 

Notice to Airman 

Pilot ln Command 

FAA Modernization and Reform Act of2012 (FMRA) Section 333 SO 

Safety Observer 

Standard Operating Procedures 

Unmanned Aircraft 

Unmanned Aircraft System 

Visual Flight Rules 

Visual Line of Site 

Visual Meteorological Conditions 

Vertical Takeoff and Landing 

3 
SUMMARY 

IDS Design Concepts Media seeks an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121 , 91.15l(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit IDS 

Design Concepts Media to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, real estate, NonProfit and other community special public/private events in and around Lafayette, Louisiana. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

JDS Design Concepts Meclia will provides its commercial clients with affordable 

highest quality digital content for use in their commercial, personal, and other 

photography related projects. JDS Design Concepts Media will also provides the 

community and Non-Profit organization our services for no charge as a way of 

giving back to the community. IDS Design Concepts Meclia is a seasoned experienced 

leader in unmanned aerial video photography with over 10 years recreational/hobby 

experience in all aspects ofRC Aircraft, Quadcopters and other small UAS's. The 

objective of IDS Design Concepts Media aerial video and photography operations is to 

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

specifically targeting: 

• Aerial Real Estate photography 

• Aerial Real Estate Video 

• Free Services to Non-Profit and Community Organizations 

• Aerial Photography and Video for Public I Private Events 

4 
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 

IDS Design Concepts Media seeks an exemption to operate DJI systems for 

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

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

electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2 pounds 11 ounces, while having a length of 16 inches width of 

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJJ 

Phantom 3 UAS is equipped with four main rotors; driven by Lithium Polymer battery 

that power 4 electric motors. 

The DJI Phantom 3 UAS that will be operated by IDS Design Concepts Media 

will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraji, as well 

as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. 

Part 45, Identification and Registration Marking. 

BASIS FOR PETITION 

Petitioner , JDS Design Concepts Media Owner/Operator pursuant to the 

provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA 

Modernization and Reform Act of2012 (FMRA), Section 333, Special Rulesfor Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate 

the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption 

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151 (b), 

91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

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

unmanned aircraft and its operation, JDS Design Concepts Media owner/operation of DJI 

5 
Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not 

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

Accordingly, IDS Design Concepts Media requests relief from Sections 91.405(a), 

91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth 

requirements for maintenance that only apply to aircraft with an airworthiness certificate. 

JDS Design Concepts Media submits that the requested relief is proper since an equivalent 

level of safety will always be ensured (see Exhibit D) .. IDS Design Concepts Media will use 

licensed technicians or the manufacturers service centers to perform maintenance, 

alterations, or preventi ve maintenance on the UASs using the methods, techniques, and 

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

Phantom 3 Instruction Manual). Furthermore, JDS Design Concepts Media will document 

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

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

privileges and limilations: Pilot in command, is requested by IDS Design Concepts Media 

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

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

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

operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

IDS Design Concepts Media seeks relief from Section 91.7(a), entitled Civil 

aircraft ain110rthiness, because the DJI Phantom 3 UAS do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 2 1, Subpart H. As such, 

IDS Design Concepts Media ... .. . ... . 

6 
submits that it will ensure that the OJI Phantom 3 UAS are in an airworthy condition, 

prior to every flight, by determining that the UASs are in compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and 

that the aircraft are in a condition for safe fli ght. 

IDS Design Concepts Media also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Sellings, as the DJI Phantom 3 UA will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UA 

will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with IDS Design 

Concepts Media's operation of the DJI Phantom 3 UAS within visual line of sight, at or 

below 400 feet AGL, will ensure a level of safety equivalent to Section 91.1 21 and our 

additional safety requirements as outlined in Exhibit D .. 

Additionally, JDS Design Concepts Media seeks an exemption from the 

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

conditions. IDS Design Concepts Media submits that safety will not be affected by 

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

conditions (VMC) under visual fl ight rules (VFR), with enough battery power to fly for a 

total duration of approximately 13.5 minutes to the first point of intended landing and, 

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

In accordance with 14 C.P.R. § 11.81, IDS Design Concepts Media 

provides the following information in support of its petition for exemption: 

7 
A. Name and Address of The Petitioner. 

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

IDS Design Concepts Media Joseph Simpson 

114 Ocatahoula Rd 

Lafayette, Louisiana 70501 

Email: jds269@gmail.com 

Phone: (337)344-ll 06 

B. The Specific Sections Of 14 C.F.R. From Which JDS Design Concepts Media 

Seeks Exemption. 

1. JDS Design Concepts Media Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b). 

Section 61. 11 3, 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-

(I) 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. JDS Design Concepts Media 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. JDS Design Concepts Media Exemption From The Requirements Of 

Section 91.121. 

Section 91.12 1, entitled Altimeter settings, subsection (a), states the following, in 

part: 

8 
(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 1 00 nautical miles of the aircraft; 

(ii) there is no station within the area prescribed in paragraph (a)(l )(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) 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. JDS Design Concepts Media Exemption From The Requirements Of 

Section 91.151(b). 

Section 91.15 1, entitled Fuel requirements/or 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. Exemption From The Requirement Of Section 91.40S(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. JDS Design Concepts Media Exemption From The Requirements Of 

Section 91.407(a)(l) Section 91.407, entitled Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, subsection (a)(l), states 

the following: 

9 
(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 ofthis chapter(.] 

7 JDS Design Concepts Media Seeks Exemption From The Requirements Of 

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

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by§ 43.7 of this 

chapter; or 

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

with part 2 1 of this chapter. 

8 JDS Design Concepts Media Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b). 

Section 9 1.417, 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) ofthis section: 

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

records of the 1 00-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. 

10 
(2) Records containing the following information: 

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

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

required. 

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

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

propellers, and appliances. 

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

prescribed: 

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

w1til the work is repeated or superseded by other work or for 1 year after the 

work is performed. 

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

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

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

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

approved for return to service. 

C. The Extent Of Relief JDS Design Concepts Media Seeks And The Reason JDS Design 

Concepts Media Seeks The Relief. 

1. Extent Of Relief JDS Design Concepts Media Seeks And The 

Reason JDS Design Concepts Media Seeks Relief From Section 

61.113(a) And (b). 

11 
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 hjgher 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 hlre. 

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, IDS Design Concepts Media submits that an 

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

the DJI Phantom 3 other than the person listed as Joseph Simpson, who has I 0+ years' 

experience in RCN A V operation. In addition all flights must full under the safety 

guidelines ofExhjbit D, wruch will be updated as new FAA guidelines take place. 

Further, JDS Design Concepts Media submits that all flights of the DJI Phantom 3 

UAS, conducted by the PIC pursuant to the grant of this Petition: (I) will be incidental to 

JDS Design Concepts Media business; and (2) will not carry passengers, packages or 

property for compensation or rure. 

2. Extent O f Relief IDS Design Concepts Media Seeks 

IDS Design Concepts Medja Seeks Relief From Section 91.7(a). 

12 
Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow JDS Design Concepts Media to determine that the DJl Phantom 3 

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

compliance with the operating documents (i.e., the JDS Design Concepts Media Aerial 

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

IDS Design Concepts Media seeks the requested relief because the DJI Phantom 3 

UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, IDS Design Concepts Media will ensure that the DJI 

Phantom 3 UAS are in airworthy condition based upon its compliance with the 

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

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 JDS Design Concepts Media Seeks And The Reason 

JDS Design Concepts Media 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 UAS, 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 grotmd 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), IDS Design Concepts Media seeks the 

requested relief because the DJI Phantom 3 UA's altimeter may be set on the ground to 

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

fli ght. 

13 
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 DJJ Phantom 3 UAS are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with 

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

4. Extent Of Relief JDS Design Concepts Media Seeks And The JDS Design 

Concepts Media Relief From Section 91.151(b). 

Relief from Section 91.15l(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended 

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

Horus Aerial Services seeks the requested relief because without an exemption from 

Section 91.151 (b), the flight time duration of the battery powered DJI Phantom 3 UA will 

severely constrain the practicality of any aerial video or still photo flight operations that 

Horus Aerial Services proposes to conduct pursuant to this Petition. 

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

3 UAS, the DJI Phantom 3 operating documents, and IDS Design Concepts Media 

proposed operating limitations, ensure that IDS Design Concepts Media will safely 

operate the battery powered DJI Phantom 3 UAS during daylight hours in visual 

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

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

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