[ :r-· _..,. Jr\ 1"7" r··~ 

. '" :. I ~ ~ _. .. october 25th, 2015 r"">·-

,_... ~- ·- • • - I - I 

Attn: 

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590 

RE: Christopher Carter. Pro Performance Productions 

- r} 

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS 

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.1S1(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 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF 

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

Christopher Carter 

President 

Pro Performance Productions 

9127 Hendry Terrace 

Frederick Maryland 21704 

carterch7S@gmail.com 

1 

TABLE OF CONTENTS 

Page 

GLOSSARY OF 

ABBREVIATIONS . ..... I I •• I I ••••• I •••• I • I ••• I I I I I ••• I • I ••••• I •••• I I • I I ••• 

I I I I I I I I I I I I I I I I I I I I I I I I I .3 

SUMMARY .....••• I. I ••••••••••••••••••••• I I ••••••••••••• I I I •• I I ••••••••• 

I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1,1 I I 14 

INTRODUCTION AND INTERESTS OF 

PETITIONER .... I I •• I I ••••• I • I I •••••• I I I I I I •••••••••••• I I I •••••• 4 

BACKGROUND. I •• I •••• I I I • I •••••• I I ••• I ••••• I I I I I ••••••• I ••• I I ••• I I I I • I •• 

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .4 

\~ 

~ 
BASIS FOR 

PETITION I ••••• I I. I •• I I I I I ••••••••• I ••••• I I I. I ••• I •••••••••••••••••••• I 

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Is 

NAME AND ADDRESS OF 

PETITIONER .... I I I I •••••• I ••••• I I •••• I •••• I I I I I •••••••••••••••••••••••• 

I I I I I I I I I I I I I 6 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Pro Performance 

Productions 

SEEKS 

EXEMPTION .... I •••••••••• I I I I I •••••••• I •• I •••• I ••••••••••••••••• I •••••• 

I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 7 

THE EXTENT OF RELIEF Pro Performance Productions SEEKS AND THE REASON 

Pro Performance Productions SEEKS THE 

RELIEFO .. 0 ... 0 ... I •••• I. I ••• I. I I •••••••• I I I I ••••••••••••• I I •• • 10 

THE REASONS WHY GRANTING Pro Performance ProductionsiS REQUEST WOULD 

BE 

IN THE PUBLIC 

INTEREST ... 00. I ••• I I I I I ••••••••• I •••••• I ••••• I I • I ••••••••• I I I ••••• I •• 

I I I I I I I I I I I I I I I I I I I I I I I I I I .12 

THE REASONS WHY GRANTING THE EXEMPTION TO Pro Performance Productions 

WOULD NOT ADVERSELY AFFECT 

SAFETY I I I •••••••••• I I •• I •••••••• I ••••••• I ••••• I I ••••••••••• I I •••••• I 14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

REGISTER .... ............... 25 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT THE Pro Performance ProductionsiS 

REQUESTO . .............................................. 25 

CONCLUSION . ..•......................................•................. 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 

APPENDICEsooooooooooooooooooooo.oooooooo. 26 

2 

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 
ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 

3 

SUMMARY 

Christopher Carter Inc, dba. Pro Performance Productions hereafter 

referred to as Pro Performance Productions seeks exemption from the 

requirements of 14 C.F.R BB 61.113(a} & (b), 91.7(a), 

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

91.417(a) & (b), to 

operate an Unmanned Aircraft System (DJI Phantom 3} pursuant to 

Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA}. This exemption will 

permit PRO Performance Productions to operate an Unmanned Aircraft 

System (UAS} for the commercial purpose of 

conducting aerial video and photography of construction sites, 

residential and commercial real 

estate, civil landscapes and events over certain areas of the United 

States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Pro Performance Productions has for over five years provided their 

clients (which include 
private sector businesses and non-profits, along with local state and 

federal agencies) with 

expertise and knowledge in video and multimedia marketing, 

advertising, public relations and 

training using advanced technologies and solutions. Pro Performance 

Productions has worked 

on hundreds of productions over the past 5 years in all types of 

locations with a perfect client 

and employee safety record. In the past we have supplied our clients 

aerial video and 

photography a variety of technologies. The objective of The Pro 

Performance Productions and our 

Unmanned Aircraft System (DJI Phantom 3) aerial operations is to 

provide a more affordable, 

high-quality production system for a variety of governmental, 

commercial, public, and 

residential uses, specifically targeting 

i Construction sites before and after 

i Appraisals 

i Real-estate marketing 

i Economic development 

i Civic landmarks 

i Special event coverage 

i Private and governmental training 

My staff has safely flown small RC electric quadcopters recreationally 

for approximately 2 years 

without incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

Pro Performance Productions seeks an exemption to operate DJI Phantom 

3 system for 

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

takeoff and landing 

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

utilizing electronic 

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

weight of 

approximately 2.8 lb. while having a diagonal dimension of 23.2i, a 

maximum speed of 

approximately 16.4ifps and a maximum flying height of 400'. The DJI 

Phantom 3 is equipped 

with four main rotors; driven by Lithium Polymer battery powered 

electric motors. 

4 

.J 
The DJI Phantom 3 that will be operated by Pro Performance Productions 

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 

Marking. 

BASIS FOR PETITION 

Petitioner, Pro Performance Productions, pursuant to the provisions 

of the Federal Aviation 

Regulations (14 C.F.R. B 11.61) and the FAA Modernization and Reform 

Act of 2012 (FMRA), 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, 

hereby petitions the 

Administrator to commercially operate the DJI Phantom 3, UAS in the 

National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R BB 

61.113(a) & (b), 91.7(a), 

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

91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating 

area associated with the 

unmanned aircraft and its operation, Pro Performance Productions 

operation of DJI 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, The Pro Performance Productions requests relief from 

Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these 

sections set forth requirements 

for maintenance that only apply to aircraft with an airworthiness 

certificate. 

Pro Performance Productions submits that the requested relief is 

proper since an equivalent 

level of safety will be ensured. The Pro Performance Productions will 

use experienced personnel or 

technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the 

methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, 
Pro Performance Productions 

will document and maintain all maintenance records for the DJI Phantom 

3 UAS. 

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

entitled Private pilot privileges 

and limitations: Pilot in command, is requested by The Pro Performance 

Productions 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 flighthour and currency requirements, that the PIC is able to safely operate 

the DJI Phantom UAS in a 

manner consistent with this exemption, including evasive and emergency 

maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

The Pro Performance Productions seeks relief from Section 91.7(a), 

entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 UAS do not require an 

airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, The Pro 

Performance Productions submits 

that they will ensure that the DJI Phantom 3 UAS is in an airworthy 

condition, prior to every 

flight, by determining that the UAS are in compliance with the 

operating documents (i.e., 

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

that the aircraft are in a 

condition for safe flight. 

5 

The Pro Performance Productions also seeks an exemption from the 

requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a 

typical barometric 

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

UAS will be provided to 

the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry 

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

monitoring of the flight path. This 

altitude information, combined with Pro Performance Productionsis 

operation of the DJI 

..... 
Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, 

will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, Pro Performance Productions seeks an exemption from the 

requirements of 

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

conditions. Pro Performance Productions submits that safety will not 

be affected by operation of the DJI Phantom 3 UAS during 

daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with 

enough battery power to fly for a total duration of approximately 23 

minutes. Battery power 

indicators are also able to show exactly how much battery power is 

left, as well as how much 

time is needed to return safely back to point of take off. 

In accordance with 14 C.F.R. B 11.81, Pro Performance Productions 

provides the following 

information in support of its petition for exemption: 

A. Name And Address Of The Petitioner. 

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

Christopher Carter 

President 

Pro Performance Inc, dba. Pro Performance Productions 

9127 Hendry Terrace 

Frederick Maryland 21704 

carterch7S@gmail.com 

6 

B. The Specific Sections Of 14 C.F.R. From Which The Pro Performance 

Productions Seeks 

Exemption. 

1. Pro Performance Productions 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 if6 

(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. The Pro Performance Productions 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. Pro Performance Productions 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-{ 

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. 

7 

4. Pro Performance Productions 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. The Pro Performance Productions 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 aircraft6 

(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. The Pro Performance Productions 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 B 43.7 

of this chapter[.] 

7. The Pro Performance Productions Seeks Exemption From The 

Requirements Of Sections 

91.409(a}(1) And 91.409(a)(2). 

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

following: 

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

operate an 

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

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

has been 

approved for return to service by a person authorized by B 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 

8. Pro Performance Productions 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 BB 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. 

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

each 

major alteration to the airframe and currently installed engines, 

rotors, 

propellers, and appliances. 

9 

{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 B 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 Pro Performance Productions Seeks And Chris 

Carter pro Performance productions seeks 

The Relief. 

1. Extent Of Relief Pro Performance Productions Seeks And The Reason 

Pro Performance Productions 

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, The Pro Performance Productions submits 

that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate 

the DJI Phantom 3 UAS 

unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the 

PIC is able to safely operate either the DJI Phantom 3 UAS in a manner 

consistent with the 

operations specifications as described in this exemption, including 

evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and 

structures. 

Further, Pro Performance Productions submits that all flights of the 

DJI Phantom 3 UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will 

be incidental to Pro Performance Productions 

business; and (2) will not carry passengers or property for 

compensation or 

hire. 

10 

2. Extent Of Relief Pro Performance Productions Seeks And The Reason 

Pro Performance Productions 

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 Pro Performance Productions to determine that the 

DJI 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 Pro Performance Productions Aerial 

Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Pro Performance Productions 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, 

Pro Performance Productions will ensure that the DJI Phantom 3 UAS are 

in airworthy 

condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance 

Log, and DJI Phantom 3) prior to every 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 Pro Performance Productions Seeks And The Reason 

Pro Performance Productions 

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 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), The Pro Performance Productions seeks the 

requested relief because the 

DJI Phantom 3 UAis 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 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 headsup display of the GCS. 

4. Extent Of Relief Pro Performance Productions Seeks And The Reason 

Pro Performance Productions 

Seeks Relief From Section 91.151(b). 

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

visual flight rules 

(VFR), for a total duration of 23 minutes. Pro Performance Productions 

seeks the requested 

relief because without an exemption from Section 91.151(b), the flight 

time duration of the 

11 

battery powered DJI Phantom 3 UAS will severely constrain the 

practicality of any aerial video 

or still photo flight operations that Pro Performance Productions 

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 Pro Performance Productionsis 

proposed operating 

limitations, ensure that Pro Performance Productions 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 23 minutes. 

5. Extent Of Relief Pro Performance Productions Seeks And The Reason 

Pro Performance Productions 

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, Pro Performance 

Productions requests relief from 

these Sections because the DJI Phantom 3 UAS do not require 

airworthiness certificates. As set 

forth more fully below, the DJI Phantom 3 UAS meet the conditions of 

FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, The Pro 

Performance Productions will 

use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed in the UAS 

operating documents 

(i.e., the The Pro Performance Productions Aerial Operations Manual, 

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

Productions will 

document and maintain all maintenance records for the DJI Phantom 3 

UAS. 

D. The Reasons Why Granting Pro Performance Productions Request Would 

Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by 

allowing Pro Performance Productions 

to safely, efficiently, and economically perform aerial video and 

photography of 

construction sites, real estate, events and civic landscape over 

certain areas of the United States. 

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

the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, 

the benefits ofPro Peformance Productions 

proposed operation of the DJI Phantom 3 UAS will be realized without 

implicating any privacy issues. 

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

The DJI Phantom 3 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 

12 

amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use 

of a DJI Phantom 3 UAS would reduce the amount of manned aircraft in 

the NAS, reduce noise 

and air pollution, as well as increase the safety of life and property 

in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in 

the NAS, congestion 

around airports caused by arriving and departing aircraft will be 

reduced. The DJI Phantom 3 

UAS do not require an airport to takeoff or land. Likewise, a 

reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer 

aircraft that must be 

handled by air 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 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, 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 UAS produce no air pollution, 

and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine 

aircraft that are typically utilized for aerial video and photography, 

while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, 

while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAS are propelled 

by battery powered electric motors, rather than an internal combustion 

engine. 

By using the DJI Phantom 3 UAS to perform aerial acquisitions, the 

substantial risk to life and 

property in the air and on the ground, which is usually associated 

with traditional manned aircraft 

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 

UAS (weighing 

approximately 2.8 pounds at their maximum gross weight with diagonal 

dimension of 23.2 

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

collateral damage to life and 

property on the ground, and in the air, compared to the manned 

aircraft that typically conduct 

similar operations (weighing approximately 6,000 pounds with a 

wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 UAS 

Will Benefit The Economy. 

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

also an economical 

alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of 

the DJI Phantom 3 UAS will allow United States based companies, like 

Pro Performance Productions 
, 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 (iEPAi) regulatory 

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

companies must adopt new 

and alternative technology in order to remain competitive. Operating 

the battery powered DJI 

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

greater operational 

13 

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 UAS, companies such as Pro Performance 

Productions, 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 UAS, provides a 

stable workforce that increases consumer spending; improves local, 

state, and federal tax 

revenues; and allows companies to invest in research and development 

in order to remain 

competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, 

Pro Performance Productionsis proposed operation of the DJI Phantom 3 

UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will 

be operated only in 

compliance with operating documents (i.e., Pro Performance Productions 

Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 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. B 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To 

That Provided 

By The Rule From Which The Pro Performance Productions Seeks 

Exemption. 

l. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA 

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

In consideration of the size, weight, speed, and limited operating 

area associated with the 

unmanned aircraft and its operation, The Pro Performance Productionsis 

operation of the DJI 

Phantom 3 UAS 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. 

14 

{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, The Pro Performance Productions submits 

that the DJI Phantom 3 UAS 

can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the 

characteristics of the DJI Phantom 3 UAS; (b) the pilot certification 

requirement; and (c) the 

specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe 

Characteristics. 

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or 

the public, or otherwise 

pose a threat to national security considering its size, weight, 

speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

the DJI Phantom 3 User 

Manual, attached hereto as Appendix A. 

ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To 

Remain 

Within A Defined Operational Area. 

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

positioning flight modes. A 

complete description of the flight and navigational modes of the DJI 

Phantom 3 UAS is provided 

at pages 11 of the DJI Phantom 3 User Manual attached hereto as 

Appendix A. 

iii. The DJI Phantom 3 UAS Are Designed For-Automatic- Return· To Home 

Point 

Or Hover In The Event Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS will remain 

stationary, in flight, for 3 
seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not 

reacquire control link data 

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

the will return to the home 

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

takeoff position and shutdown. 

15 

A complete description of the Failsafe Functions of the DJI Phantom 3 

UAS are set forth at 

pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto 

as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight 

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

3 User Manual. DJI 

Phantom 3 User Manual is attached hereto as Appendix A. 

b. Flight Operations Of DJI Phantom 3 UAS Is Limited To The Line Of 

Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

Pro Performance Productions video production staff will be the only 

persons to act as a pilot in 

command (PIC) of the DJI Phantom 3 UAS. Additionally, a safety 

observer will assist him at all 

times during flight time. 

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific 

Operating 

Limitations. 

In seeking this exemption, The Pro Performance Productions proposes to 

commercially operate DJI 

Phantom 3 UAS for the special purpose of conducting aerial video and 

photography over certain 

areas of United States, pursuant to the following specific operating 

limitations. 

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

the following 

aircraft described in the operating documents, rotorcraft UAS weighing 

less than 55 

pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft Systems. 

Proposed operations of any other aircraft will require a new petition 

or a petition to 
amend this grant. 

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

operations for 

the purpose of aerial video and photography. 

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

knots. 

4. The UA must be operated at an altitude of no more than 400 feet 

above ground level 

(AGL), as indicated by the procedures 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 PICis FAA-issued 

airman medical 

certificate. 

6. The use of first person view (FPV) by the PIC or safety observer 

(50) is not 

permitted. 

16 

7. All operations must utilize a safety observer (50). The SO may be 

used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO 

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

messaging or 

texting is not permitted during 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 

operatoris responsibility to track such revisions and present updated 

and revised 

documents to the Administrator upon request. The operator must also 

present updated 

and revised documents if it petitions for extension or amendment to 

the grant of 

exemption. If the operator determines that any update or revision 

would affect the 

basis upon which the FAA granted the exemption, then the operator must 

petition for 

amendment to its grant of exemption. The FAAis 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. The operator must follow the UAS manufactureris aircraft/ 

component, 
maintenance, overhaul, replacement, inspection, and life limit 

requirements. 

17 

14. The operator must carry out its maintenance, inspections, and 

record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, 

alterations, and status of replacement/overhaul component parts must 

be noted in the 

aircraft records, including total time in service, description of work 

accomplished, 

and the signature of the authorized person returning the UAS to 

service. 

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

manufacturer 

Safety Bulletins. 

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

the corrective 

action taken against discrepancies discovered between inspections. 

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

least a current thirdclass medical certificate. 

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

meets the 

operatoris 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. B 61.51(b). Flights for 

the purposes of 

training the operatoris 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. B 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 
C.F.R. B 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 airportis management is obtained, and the operation is 

conducted in 

accordance with a NOTAM as required by the operatoris 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. 

18 

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

obstacles or 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 (NNumber) 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 

closer to 

those objects and determined that it does not present an undue hazard, 

and; 
19 

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do 

not present an undue hazard to those ·persons per B 91.119(a). 

32. All operations shall be conducted over private or controlledaccess 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. 

The Pro Performance Productions submits that the equivalent level of 

safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to 

operate the DJI Phantom 

3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency 

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

UAS in a manner 

consistent with the exemption, including evasive and emergency 

maneuvers and maintaining 

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

Considering Pro Performance Productionsis proposed area of operations, 

and the operating 

limitations set forth-above; the parallel nature of private pilot 

aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption 

No. 11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 UAS, 

Pro Performance Productions 

submits that the additional manned airmanship experience of a 

commercially 

certificated pilot would not correlate to the airmanship skills 
necessary for Pro Performance Productions 

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). 

Pro Performance Productions will not allow any PIC to operate the DJI 

Phantom 3 UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 

UAS training and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 

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

emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles 

and structures. 

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

consistent with 14 C.F.R. B 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those 

20 

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 Pro Performance Productionsis 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 multirotor 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 petitioneris 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 

experience-building 

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, Pro Performance Productions will ensure safe operations 

by not allowing any PIC 

to operate the DJI Phantom 3 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 

UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles 

and structures. 
3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not 

Adversely Affect Safety. 

21 

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

maintained because prior to 

every flight, Pro Performance Productions will ensure that the DJI 

Phantom 3 UAS is in an 

airworthy condition based upon the UASis 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). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be 

maintained because the 

altitude information of the DJI Phantom 3 UAS will be provided to the 

PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from 

the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude 

information, combined with The 

Pro Performance Productionsis operation of the DJI Phantom 3 UAS 

within visual line of sight, at 

or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the 

aircraft. Prior to each 

flight, a zero altitude initiation point is automatically established 

by the UAS 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). 

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 UAS; {2) 

the limitations on the proposed flight operations; and (3) the 

location of the proposed flight 

operations. Accordingly, The Pro Performance Productions will ensure 

that it will safely operate the 

battery powered DJI Phantom 3 UAS during daylight hours in VFR 

conditions, with enough 

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

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

DJI Phantom 3 UAS; the 

limitations on the proposed flight operations; and the location of the 

proposed operations, will 

ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151{b). Furthermore, 

safety will be ensured as the DJI Phantom 3 UAS provide audible and 

visual warnings to the PIC 

at the GCS when the UAS experiences low battery voltage, the first 

warning occurring at 

approximately 33% remaining battery power, and again at approximately 

10% remaining battery 

22 

power. At the critically low battery level, the DJI Phantom 3 UAS 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). 

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, The Pro Performance Productions 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 

Pro Performance Productions will use trained technicians to perform 

maintenance, alterations, 

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

and practices prescribed 

in the operating documents (i.e., Pro Performance Productions Aerial 

Operations Manual, 

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

Furthermore, Pro Performance Productions 

will document and maintain all maintenance records for the DJI Phantom 

3 

UAS. 

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

operating documents, The 

Pro Performance Productions will maintain the equivalent level of 

safety established by Sections 

91.405(a), 91.409(a}(1}, and 91.409(a}(2). A copy of the DJI Phantom 3 

User Manuals are 

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

Maintenance LOG is 

attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety 

because Pro Performance Productions 

will use trained technicians to perform maintenance, alterations or 

preventive 

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

prescribed by the 

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level 

of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of 

the DJI Phantom 3 UAS 
will be performed by trained technicians. Maintenance will be 

documented and maintained 

utilizing the monthly maintenance log. 

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. 

23 

In consideration of Pro Performance Productionsis proposed operating 

limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS, The Pro 

Performance Productions 

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). 

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. B 21.16 entitled Special Conditions, The Pro Performance 

Productions requests that 

the FAA prescribe special conditions for the intended operation of the 

DJI Phantom 3 UAS, 

which contain such safety standards that the Administrator 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 BB 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. 

B 21.16, for operation of the DJI Phantom 3 UAS, since the 

airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety 

standards, due to the novel or 

unusual design features of the aircraft. Section 21.16, entitled 

Special Conditions, states the 

following: 

If the FAA 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. 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. B 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. B 21.16, 

the FAA may 

prescribe special conditions for Leading Edgeis intended operation of 

the DJI Phantom 3 UAS, 

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 

24 
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). 

i A Summary That Can Be Published In The Federal Register, stating: 

The 

Rules From Which Pro Performance Productions Seeks Exemption: 

Pro Performance Productions 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 Pro Performance 

P reduct ions 

Seeks: 

This exemption will permit Pro Performance Productions to commercially 

operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

video and 

photography over certain areas of the United States. 

i Any Additional Information, Views, Or Arguments Available To Support 

Pro Performance Productionsis 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, Pro Performance Productionsis 

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, The Pro Performance Productions will 

operate the DJI Phantom 3 

UAS safely in the NAS, without creating a hazard to users of the NAS, 

or the public, or 

otherwise pose a threat to national security. 

CONCLUSION 
As set forth herein, Pro Performance Productions seeks an exemption 

pursuant to 14 C.F.R. B 

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will 

permit safe operation of the DJI Phantom 3 UAS commercially, without 

an airworthiness 

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 The Pro Performance 

Productions to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS 

commercially within the NAS. 

25 

WHEREFORE, in accordance with the Federal Aviation Regulations and the 

FAA 

Modernization and Reform Act of 2012, Section 333, Pro Performance 

Productions respectfully 

requests that the Administrator grant this Petition for an exemption 

from the requirements of 14 

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

91.407(a) (1), 

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

operate the DJI Phantom 

3 UAS commercially for the purpose of conducting aerial video and 

photography over certain 

areas of the United_States. 

Dated :.-.3-o:Ae 10 

opner 

resident 

Pro Performance Productions 

9127 Hendry Terrace 

Frederick Maryland 21704 

301-742-1740 

carterch7S@gmail.com 

Appendices: 
t 

A n Link to DJI Phantom 3 Manual: Click on link below 

http://download.djiinnovations. 

com/downloads/phantom_3/en/ 

Phantom_3_Professional_User_Manual_v1.2_en.pdf 

26 ~ 

27