UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

PANTON LLC,

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

14 C.F.R §§ 35 Part 21; and 45.23(b); 61.113(a)&(b);91.7; 91.103(b); 91.109 91.119; 91.121;

91.151; 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); AND 91.417(a) &(b); 91.7(a)

CONCERNING COMMERCIAL OPERATION OF THE

DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 11295)

Submitted on September 24th, 2015

Jon P. Mattox,

Panton LLC

3033 Malabar St.

Los Angeles, CA 90063

Tel: 3177500247

Manager
TABLE OF CONTENTS

Page

SUMMARY........................................................................................................3

INTRODUCTION...............................................................................................3

BACKGROUND OF PETITIONER....................................................................4

PUBLIC INTEREST..........................................................................................4

SPECIFIC

SECTIONS OF 14 CFR WHICH PANTON SEEKS

EXEMPTION.....................................................................................................5

REASONS PANTON EXEMPTION WILL NOT AFFECT PUBLIC

SAFETY............................................................................................................8

CONCLUSION................................................................................................10

SUPPLEMENTAL ATTACHMENTS

APPENDIX A PANTON FLIGHT OPERATING

PROCEDURES...............................................................................................11

ATTACHMENT A DJI PHANTOM 3 USER MANUAL...............................13

ATTACHMENT B DJI PHANTOM 3 PRODUCT RELEASE NOTES............13
SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 C.F.R. Part 11, Panton LLC, seeks an exemption from Federal Aviation Regulations

(“FARs”); C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);

91.103(b); 91.105;(2) and (b) 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)

(1); 91.409(a) (2); 91.417(a)&(b). This exemption will permit Panton LLC, (hereinafter referred to

as “Panton”) to provide unmanned aircraft solutions with services for state, local, and

commercial clients. Panton is focused on providing solutions for utilizing unmanned aircraft for

aerial data acquisition, photography and videography in the areas of Construction, Agriculture,

Infrastructure, Real Estate, and other applicable areas.

INTRODUCTION

Jon P. Mattox, and The Company formed by him, Panton, Inc, (both Jon P. Mattox and Panton

LLC, hereinafter known as Panton) seeks an exemption to operate the DJI Phantom 3, for

compensation or hire within the national airspace system (NAS).

The DJI Phantom 3 unmanned aircraft system (UAS) is an advanced consumer flight platform

manufactured by DJI, a multirotor manufacturer established in 2006 that has a history of

producing leading edge UAS platforms and safety systems for the professional UAS operator.

The DJI Phantom 3 is comprised of a radio controlled four motor, multirotor UAS. The DJI

Phantom 3 has direct pilot intervention at all times. Automated systems are in place to assist the

pilot and ensure that at no time is safety compromised by a lost link situation. The DJI Phantom

3 UAS has a maximum gross weight of approximately thirteen hundred (1300) grams, while

having a diameter of three hundred fifty (350) millimeters. The UAS is equipped with four

propellers and four motors driven by lithium polymer batteries. Maximum speed of

approximately 33mph and a maximum rate of climb of 1181fpm. Maximum flight times of

twentyfive (25) minutes with the capability to hover, and move in the vertical and horizontal

plane simultaneously. Maximum altitude is four hundred (200) feet limited by Panton, vertical

line of sight (VLOS) requirements.

To maintain vertical line of sight (VLOS) requirements, the UAS is equipped with distance

limiting programs to ensure that the UAS and /or the pilot do not operate the aircraft beyond a

predetermined range.

The radio frequencies and equipment utilize the 2.4GHz spectrum. All equipment has the

appropriate FCC authorization / approval to transmit on the radio frequencies used for UAS

uplink and downlink of control, telemetry, and payload information.
BACKGROUND OF PETITIONER

I, Jon P. Mattox, Chief Executive Officer of Panton, am writing pursuant to the FAA

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to

request that Panton, an aerial data acquisition, photography and videography business, be

exempted from the Federal Aviation Regulations (FARs) listed below so that we may operate an

unmanned aircraft system (UAS) commercially in airspace regulated by the Federal Aviation

Administration (“FAA”).

I recognize the importance of safety as the first and foremost consideration in aviation. There

are many operators of small unmanned aircraft systems that are either unaware or unwilling to

adhere to the strict safety guidelines that the FAA has instituted over the years to ensure the

safety of the National Airspace System as well as persons and property on the ground. With

these issues in mind, Panton LLC, seeks to offer safe and legal unmanned aerial options for

data collection, mapping and surveying, photography, and agriculture services for state, local

and commercial clients. Panton is committed to safety in all of its operations, as such, Panton

will implement multiple safety protocols, both in its operations and its flight platforms to ensure

every level of safety and minimize the risk of damage to persons or property on the ground or in

the air (NAS) and to comply with all state, local, and FAA regulations.

PUBLIC INTEREST

Currently, aircraft for aerial data acquisition, photography and videography and other aerial

operations, utilize manned aircraft, fixed wing or helicopters, that weigh thousands of pounds

and can carry upwards of two hundred gallons of fuel. To perform aerial operations as described

herein, these aircraft must fly at lower altitudes, increasing the risk to those on the ground and in

the airspace, and contribute to a high level of noise pollution which can disturb citizens or

animals while performing these operations. Panton is concerned with safety and the impact on

the community and environment. Utilizing small unmanned aerial systems, minimizes the impact

to the environment and to the community as a whole. Operating small electric powered UAS's,

poses no risk of fuel spillage or contamination in the event of an accident. In the unlikely event

of an accident, the small size of the UAS eliminates the risk to health and safety to onboard

pilots and passengers and minimizes if not altogether removes the hazards to persons on the

ground. Sound pollution is almost nonexistent, due to clean, quiet electric operation. Panton

believes that responsible and safe UAS operations must be utilized to allow for UAS operations

to continue

SPECIFIC SECTIONS OF 14 CFR WHICH PANTON SEEKS EXEMPTION

Petitioner, Panton LLC, pursuant to the provisions of the Federal Aviation Regulations (14

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the

DJI Phantom 3 UAS in the national airspace system, and for an exemption from the
requirements of 14 C.F.R Part 21 subpart H, §§ 45.23(b), 61.113(a) & (b), 91.103(b) 91.119,

91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Panton requests relief from 14 C.F.R. 45.23: Display of marks; general.

Pursuant to 14 C.F.R. 45.23(b), all aircraft operators are required to mark their aircraft according

to certain specifications. Panton’s DJI Phantom 3 is, by definition, unmanned and does not have

a cabin, cockpit or pilot station on which to mark certain words or phrases. Furthermore, twoinch

lettering is difficult to place on small scale aircraft with dimensions smaller than the minimal

lettering requirement.

Therefore, Panton requests relief from 14 C.F.R. 45.23(b).

Panton requests relief from 14 C.F.R. 61.113: Private Pilot Privileges and Limitations: Pilot In

Command (PIC).

Pursuant to 14 C.F.R. 61.113 (a) & (b), private pilots are limited to noncommercial operations.

Panton can achieve an equivalent level of safety as achieved by current Regulations. The PIC

will have a Private Pilot certificate with a current Medical, and will meet the flight review

requirements specified in 14 CFR 61.56. The DJI Phantom 3 UAS will only be utilized for

business incidental to Panton and is incapable of carrying passengers.

Therefore, Panton requests relief from 14 C.F.R. 61.113(a) & (b).

Panton requests relief from 14 C.F.R. 91.7(a), Airworthiness Certificate.

In consideration of the limited size, weight, operating conditions, design safety features, and the

imposed conditions and limitations by Panton, with the unmanned aircraft and its operation,

Panton’s operation of the DJI Phantom 3 UAS meets the conditions of Section 333 and should

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

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the Federal Aviation Regulations

(FARs), this Regulation is inapplicable. No standard exists for airworthiness of the DJI Phantom

3 at this time, an equivalent level of safety will be achieved by insuring compliance with the

Panton's Flight Operations and Procedure Manual with Safety Checklists, and the DJI Phantom

3 User manual as well as inspection and / or maintenance. Panton believes that compliance

with the DJI Phantom 3 User Manual and Panton's Flight Operations and Procedure Manual,

including checklists, and inspection and / or maintenance, that a very high level of safety can be

achieved in ensuring the airworthiness of Panton's DJI Phantom 3 UAS. The policies and

procedures in place by Panton and the equipment utilized on the UAS for Risk Mitigation,

provide an Acceptable Level of Safety (ALoS).
Therefore, Panton requests relief from 14 C.F.R. 91.7(a).

Panton requests relief from 91.103(b) PreFlight Action, specifically "For any flight, runway

lengths at airports of intended use."

Per the preflight section in Panton Flight Operations and Procedure Manual, certain preflight

actions by the PIC are required including, but not limited to;

● Aircraft safety and flight worthiness inspection.

● Ground station inspection.

● Site assessment and inspection.

● The PIC will take all actions including reviewing weather, including visibility and

standoff distances from clouds.

● Flight battery requirements.

Considering that operations will probably not occur at any airport, the requirement for

knowledge of runway lengths at the airport of intended use, is not appropriate in this case.

Therefore, Panton requests relief from 91.103(b).

Panton requests relief from 91.105(2) and (b), Flight crewmembers at stations.

The UAS operated by Panton has no cockpit, the requirement for seatbelts is not applicable.

Therefore, Panton requests relief from 91.105(2) and (b).

Panton requests relief from 91.119, Minimum safe altitudes.

● Panton's DJI Phantom 3 UAS has multiple safety systems integrated

within the airframe to minimize the risk of damage to persons or property.

● Panton's DJI Phantom 3 UAS is electric and there is no risk of fuel

spillage or a fire from leaking fuel after an emergency, whereas the typical aircraft

utilized in the proposed operations of Panton can weigh thousands of

pounds and carry nearly 200 gallons of fuel.

● Equipped with altitude and distance limiting features that inhibit the UAS from flying

above certain altitudes or beyond specified ranges.

● In the unlikely event of a GPS and / or radio control Lost link, the UAS automatically

enters into a hover, if GPS and / or radio control link cannot be reestablished, the

UAS will return back to its departure point (Fail Safe).

● Navigation lights

● Flight operations will only commence with permission of the land owner / controller

● Flight operations will only take place in VLOS.
● Flight operations will always have a Visual Observer (VO) to assist the pilot in any and

all sense and avoid concerns regarding airspace as well as any other hazards that may

exist within the flight operation envelope.

● Flight operations in Class A or B airspace will not be performed.

Therefore, Panton requests relief from 91.119(a), 91.119(b), 91.119(c) 91.119 (d)(1) and

91.119(d)(2).

Panton requests relief from 91.121, Altimeter Settings.

Panton’s DJI Phantom 3 UAS is equipped with barometric pressure and GPS altimeters that

provide altitude readings AGL to the UAS pilot via a digitally encoded telemetric data feed,

which downlinks from the UAS to a ground­based­on­screen display.

Panton will only conduct flight operations within Visual Line of Sight (VLOS).

In the Astraeus Aerial Waiver 11062, and Snaproll Waiver 11063, the FAA determined this

method to be a sufficient method for ensuring the UAS operations do not adversely affect

safety.

Therefore, Panton requests relief from 91.121.

Panton requests relief from 91.151, Fuel Requirements in VFR Conditions.

Panton operates an electric powered UAS and ground station equipped with a digitally encoded

telemetric data feed that includes feedback data on remaining battery life.

Panton’s DJI Phantom 3 battery can provide up to twentyfive (25) minutes of flight time. As the

loads can vary, depending on net weight, so can maximum flight times. Considering the limited

flight times possible, to require a reserve of thirty minutes daytime and forty minutes nighttime

would not be possible in all situations.

The FAA recognized these limitations with small UAS's and in 2689, 5745, 10650, 8811, 10808,

and 10673.

Panton’s DJI Phantom 3 UAS is equipped with multiple fail safe items that minimize the risk of

the UAS completely exhausting the battery supply. Should the battery level fall below thirty (30)

percent capacity, LED indicators on the UAS will produce red blinking light. Should the capacity

fall to fifteen (15) percent capacity, the DJI Phantom 3 UAS will begin to descend and land

automatically. If necessary, the PIC can manually override the automatic descent and landing to

ensure a safe landing zone free of any persons or property.

Therefore, Panton requests relief from 91.151.
Panton requests relief from 14 CFR 91.405(a), Maintenance required, 91.407(a)(1), Operation

after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2), Inspections,

and 91.417(a) and (b), Maintenance records.

Panton believes that these sections only apply to aircraft with an airworthiness certificate.

Panton submits that the requested relief is proper since an equivalent level of safety will be

ensured. The PIC, before each mission, will check the manufacturer’s internet service pages,

and ensure applicable software and hardware is up to date as required, and ensure compliance

with any safety bulletins posted. In addition, the Operator’s Manual as provided by the UAS

manufacturer will be revised to include specific operating procedures and limitations to comply

with the exemptions sought. The revised Operator’s Manual will be in possession of the crew

during operation of the UAS. Furthermore, Panton will document and maintain all maintenance

records for the DJI Phantom 3 UAS.

Therefore, Panton requests relief from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and

91.417(a) and (b).

REASONS PANTON EXEMPTION WILL NOT AFFECT PUBLIC SAFETY

The components installed on the Panton DJI Phantom 3 to enhance the safety include;

● Direct pilot intervention via remote control.

● Navigation/orientation lighting.

● GPS Based altitude and position sensors and flight stabilization system.

● Barometric pressure and GPS altimeters.

● Equipped with altitude and distance limiting features that inhibit the UAS from flying

above certain altitudes or beyond a specified range.

● Lost link integration providing for automatic return to home system ensuring that in the

unlikely event of a lost link occurrence (Fail Safe), the DJI Phantom 3 UAS will safely

return to the departure point.

● Remote instrumentation at the mobile ground station relaying data back to the pilot,

including, altitude, heading, airspeed (relative ground speed), GPS position and battery

power levels, as well as warning messages of critical onboard systems.

Panton will document and maintain all maintenance, overhaul and modification records for its

UAS.

Panton submits that the requested relief under Section 333 is proper in consideration of the

limited size, weight, operating conditions, design safety features, and the imposed conditions

and limitations by Panton, that an equivalent level of safety will be ensured.
Panton in all flight operations will comply with airspace rules. Flight operations will not impede,

delay or divert any other aircraft as the Panton flight operations will be conducted below 200

feet AGL. Any operations in airspace controlled by a control tower, will be coordinated with the

tower to ensure there are no hazards to the NAS. A Letter of Authorization will be procured from

appropriate airport managers to ensure compliance with airspace and ATC operations. Panton

will adhere to all airspace rules.

Class A No Operations Allowed

Class B No Operations Allowed

Class C per 91.130

Class D per 91.219

Class E per 91.127

Class G per 91.126

Panton has implemented procedures to address flight termination plans in the unlikely event of

an unrecoverable system failure. As flight operation locations will vary considerably, Flight

Termination Points (FTP's) will vary for each location (typically FTP's will be the point of

departure). Each flight operations site will be assessed for acceptable risk FTP's (in order as

follows);

● Airspace classification

● Risk to NAS operations

● Risk impedance, delay or diversion of other aircraft due to flight operations

● Risk to persons or property on the ground

● Site assessment to determine hazards that could cause an unrecoverable system failure

Lost Link Points (LLP's) will be established at each flight operations site. The flight control

systems integrated into Panton’s UAS has lost link or Fail Safe procedures that in the event of a

lost link, the UAS will return to the origination point. This origination point is the point at which

the UAS departs the takeoff position and is recorded automatically as soon as the UAS leaves

the ground.

All phases of flight with the UAS are critical, as such 14 CFR 135.100 Flight crewmember duties

will be strictly enforced. The areas surrounding where the PIC and the VO are working,

including the ground station will be segregated from any nonparticipating individuals to ensure

that distractions are kept at a minimum during all critical phases of flight.

The DJI Phantom 3 UAS that will be operated by Panton 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.
CONCLUSION

As set forth herein, Panton 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 the safe operation

of its DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited

purpose of conducting aerial acquisitions 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.

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

and Reform Act of 2012, Section 333, Panton respectfully requests that the Administrator grant

this Petition for an exemption from the requirements of 14 C.F.R §§ 35 Part 21; and 91.7;

45.23(b), 61.113(a) & (b), 91.103(b); 91.109; 91.119; 91.121; 91.151; 91.405(a); 91.407(a)(1);

91.409(a)(1) & (a)(2); AND 91.417(a) &(b); 91.7(a) to permit Panton to operate its DJI Phantom

3 UAS in the NAS for the purpose of safely, efficiently, and economically utilizing unmanned

aircraft for aerial data acquisition, photography and videography work in the areas of

Construction, Agriculture, Infrastructure, Real Estate, and other applicable areas.
Appendix A – Panton Flight Operating Procedures

Owner and crew must be familiar with, and follow these operating procedures:

1) Owner must:

a. Document all maintenance, alterations, and updates in the aircraft records.

b. Any 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 in accordance with the operator’s manual. The PIC who

conducts the functional test flight must make an entry in the UAS aircraft

records of the flight.

2) Prior to each mission:

The PIC must familiarize him/herself with all possible safety aspects of the mission.

This includes but is not limited to:

a. Software versions required (manufacturers web site)

b. Weather

c. Wind (less than 12 knots)

d. NOTAMS

e. Proximity of airports or SUA

3) Prior to each flight:

The PIC must inspect the UAS and Ground Station to ensure they are 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. This includes, but is not limited to:

a. Batteries (full UAS battery required for each flight, check battery levels for

transmitter and range extender)

b. Inspect propellers, motors, wings and lights

c. The documents required under 14 CFR §91.9 and §91.203 must be available to the PIC at

the Ground Control Station of the UAS any time the aircraft is operating. These documents must

be made available to the Administrator or any law enforcement official upon request.
The PIC performs a safety assessment. This includes but is not limited to:

a. If operating within 3 miles of an uncontrolled airport, check that a letter of

agreement that covers the current mission with the airport manager is available

to the PIC, and that the operation is conducted under a current NOTAM.

b. Inspect flight area for light poles, trees, utility wires, proximity to helipads,

hospitals, schools, busy roadways, gatherings of people, SUA.

c. The PIC provides a safety briefing to the spotter. An agreement is made

under which conditions the flight must be aborted.

d. Check placement of warning signs: “Caution: Small Unmanned Aircraft

Operation in Progress”

e. Identify take off and landing area.

The PIC performs preflight checks:

a. Check all controls neutral

b. Turn on Power at transmitter first, then on UAS, and Range Extender

c. Perform GPS alignment according to manufacturer’s operating manual

d. If alignment successful, flight can start from a safe takeoff point

e. Immediately after takeoff perform the following checks:

i. Hover 100 feet

ii. Check data link

iii. Check video link

iv. Check altimeter

v. Check GPS

vi. Check time

4) During each flight:

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

b. The UAS may not be operated at an altitude exceeding 200 feet AGL.

c. The UAS may not be operated at night or at altitudes less than 500 feet below

or less than 2,000 feet horizontally from a cloud or when visibility is less than 3

statute miles.

d. The UAS must remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

e. Flight time is limited to maximum fifteen (25) minutes.

f. UAS must remain within line of sight and within 500 feet of PIC.
5) Emergency during flight. This could include but is not limited to:

a. Pilot distracted

b. Spotter signals abort

c. Sudden change in weather or wind

d. Manned aircraft in the vicinity

e. People getting within safety perimeter

f. Birds

Immediately:

a. Determine closest safe landing location to UAS

b. Land

6) After each flight:

a. Check and log flight time and remaining battery level.

b. Turn off power to UAS first, then turn off power to transmitter and range

extender

c. Inspect UAS for any damage

d. Remove warning signs

Attachment A ​DJI Phantom 3 User Manual (version 1.2)

Attachment B ​DJI Phantom 3 Product Release Notes (as of September 8, 2015)