December 31, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, D.C. 20590

Re: Request for Exemption to Operate Unmanned Aircraft System pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

SUMMARY

Mr. Jordan A. Simmons, seeks exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

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

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Mr. Jordan A.

Simmons to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

conducting aerial video and photography, real estate photography, and landscape over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Mr. Jordan A. Simmons provides his clients with the high quality digital content for use in

the marketing and sale of their real estate. Mr. Jordan A. Simmons has recreational/hobby

experience in all aspects of aerial video and photography. The objective of Mr. Jordan A.

Simmons’s aerial video and photography operations is to provide high quality imaging for:

● Real Estate Videography and Photography

● Construction sites before, during and after

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced UASs

Mr. Jordan A. Simmons seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Advanced is a vertical takeoff and landing (VTOL)

Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or

smartphone systems. The DJI Phantom 3 Advanced has a maximum gross weight of 2.82

pounds, a length of 23.2 inches, width of 23.2 inches, height of 11.8 inches, and a maximum

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speed of approximately 31 knots. The DJI Phantom 3 Advanced UA is equipped with four main

rotors; driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3

Advanced UA that will be operated by Mr. Jordan A. Simmons, 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, Mr. Jordan A. Simmons, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA),

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 Advanced UAS in the National

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a)

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(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, Mr. Jordan A. Simmons’s operation of DJI Phantom 3

Advanced 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, Mr. Jordan A. Simmons 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. Mr. Jordan A. Simmons

submits that the requested relief is proper since an equivalent level of safety will be ensured. Mr.

Jordan A. Simmons will use experienced personnel or technicians to perform maintenance,

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

prescribed in the operating documents.

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

and limitations: Pilot in command, is requested by Mr. Jordan A. Simmons 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, that the PIC is able to safely

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

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures. Mr. Jordan A. Simmons seeks relief from Section 91.7(a), entitled Civil

aircraft airworthiness, because the DJI Phantom 3 Advanced UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Mr. Jordan

A. Simmons will ensure that the DJI Phantom 3 Advanced UAS is in airworthy condition, prior

to every flight, by determining that the UAS is in compliance with the operating documents and

that the aircraft is in a condition for safe flight.

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Mr. Jordan A. Simmons also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 3 Advanced UA will not have a typical

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

UA will be provided to the PIC via 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 Mr. Jordan A. Simmons operation of the DJI Phantom 3

Advanced UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent to Section 91.121.

Additionally, Mr. Jordan A. Simmons seeks an exemption from the requirements of Section

91.151(b) entitled Fuel requirements for flight in VFR conditions. Mr. Jordan A. Simmons

submits that safety will not be affected by operation of DJI Phantom 3 Advanced UA 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 16 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Mr. Jordan A. Simmons 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:

Mr. Jordan A. Simmons

WingWalker Media

2624 Mcneill Street

Raleigh, NC 27608

(919) 810­1582

NCWingWalker@gmail.com

B. The Specific Sections Of 14 C.F.R. from Which Mr. Jordan A. Simmons Seeks

Exemption.

1. Mr. Jordan A. Simmons 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

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

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

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

with any business or employment if—

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

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

2. Mr. Jordan A. Simmons 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. Mr. Jordan A. Simmons 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.

4. Mr. Jordan A. Simmons 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:

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(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. Mr. Jordan A. Simmons Seeks Exemption from The Requirement Of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall

between required inspections, except as provided in paragraph (c) of this section, have

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Mr. Jordan A. Simmons Seeks Exemption from The Requirements Of Section

91.407(a) (1).

Section 91.407, entitled Operation after maintenance, preventive maintenance,

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

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

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this

chapter [.]

7. Mr. Jordan A. Simmons 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 § 43.7 of this chapter; or

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

with part 21 of this chapter.

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8. Mr. Jordan A. Simmons Seeks Exemption from the Requirements of Sections

91.417(a) and 91.417(b).

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

following:

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

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

(b) of this section:

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

records of the 100­hour, 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 life­limited 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

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

required.

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

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

propellers, and appliances.

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

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

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

performed.

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

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

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

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

approved for return to service.

C. The Extent Of Relief Mr. Jordan A. Simmons Seeks And The Reason Mr. Jordan A.

Simmons Seeks The Relief.

1. Extent Of Relief Mr. Jordan A. Simmons Seeks and the Reason Mr. Jordan A.

Simmons 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 flight­hour 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, Mr. Jordan A. Simmons submits that an equivalent level of

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

Advanced UAS unless that PIC has met certain flight­hour and currency requirements,

demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Advanced

UAS in a manner consistent with the operations specifications and FAA guidelines as

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described in this exemption, as well as maintaining appropriate altitudes and distances

from people, vessels, vehicles and structures.

Further, Mr. Jordan A. Simmons submits that all flights of the DJI Phantom 3 Advanced

UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental

to Mr. Jordan A. Simmons business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief Mr. Jordan A. Simmons Seeks And The Reason Mr. Jordan A.

Simmons 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 Mr. Jordan A. Simmons to determine that the DJI Phantom 3 Advanced

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

compliance with the operating documents.

Mr. Jordan A. Simmons seeks the requested relief because the DJI Phantom 3 Advanced

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

Subpart H. Therefore, Mr. Jordan A. Simmons will ensure that the DJI Phantom 3

Advanced UAS is in airworthy condition based upon its compliance with the operating

documents 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 Mr. Jordan A. Simmons Seeks And The Reason Mr. Jordan A.

Simmons 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 Advanced UAS, which utilizes 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),

Mr. Jordan A. Simmons seeks the requested relief because the DJI Phantom 3 Advanced

UA’s altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight. Considering the limited altitude

of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary

to comply with the applicable conditions and limitations stated below. As more fully set

forth herein, an equivalent level of safety will be maintained since DJI Phantom 3

Advanced UA is 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.

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4. Extent Of Relief Mr. Jordan A. Simmons Seeks and the Reason Mr. Jordan A.

Simmons 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

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

visual flight rules (VFR), for a total duration of 16 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Mr.

Jordan A. Simmons seeks the requested relief because without an exemption from

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

Advanced UAs will severely constrain the practicality of any aerial video or still photo

flight operations that Mr. Jordan A. Simmons proposes to conduct pursuant to this

Petition.

5. Extent Of Relief Mr. Jordan A. Simmons Seeks And The Reason Mr. Jordan A.

Simmons 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, Mr. Jordan A. Simmons requests relief

from these Sections because the DJI Phantom 3 Advanced UAS do not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Advanced

UAS meet the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Mr. Jordan A. Simmons 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 Furthermore, Mr.

Jordan A. Simmons will document and maintain all maintenance records for the DJI

Phantom 3 Advanced UASs.

D. The Reasons Why Granting Mr. Jordan A. Simmons 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 Mr. Jordan A. Simmons

to safely, efficiently, and economically perform aerial video and photography for real estate,

special events, and landscape over certain areas of the United States. Additionally, use of the DJI

Phantom 3 Advanced UAS will decrease congestion of the NAS, reduce pollution, and provide

significant benefits to the economy. Notably, the benefits of Mr. Jordan A. Simmons proposed

operation of the DJI Phantom 3 Advanced UAS will be realized without implicating any privacy

issues.

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

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The DJI Phantom 3 Advanced UA are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial

imagery. By reducing the amount of manned aircraft needed to perform aerial

acquisitions, an exemption allowing the use of a DJI Phantom 3 Advanced UAS would

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well

as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of manned aircraft operating in the NAS, congestion around airports

caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 Advanced

UA does 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

Advanced UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Advanced 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, DJI Phantom 3 Advanced 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 20­30 gallons per hour of

leaded aviation fuel. The DJI Phantom 3 Advanced UA, while reducing the carbon

footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by

battery powered electric motors, rather than an internal combustion engine. By using DJI

Phantom 3 Advanced 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

Advanced UA (weighing 2.82 respectively, at maximum gross weight with length of 23.2

inches respectively, width of 23.2 inches respectively, 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

Advanced UASs Will Benefit the Economy.

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

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of DJI Phantom 3 Advanced UAS will allow United States based

companies, like Mr. Jordan A. Simmons, to remain competitive and contribute to growth

of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded

aviation fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive. Operating the battery powered DJI Phantom 3

Advanced UAS is one such technology that not only allows companies greater

operational flexibility compared to manned aircraft, but provides such flexibility without

the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3

Advanced UAS, companies such as Mr. Jordan A. Simmons, 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 Advanced

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, Mr. Jordan A. Simmons, proposed operation of the DJI Phantom 3 Advanced

UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 Advanced

UASs will be operated only in compliance with operating documents which requires

property owner involvement and in accordance with the Federal Aviation Regulations,

including the minimum altitude requirements of 14 C.F.R. § 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 Mr. Jordan A. Simmons Seeks Exemption.

1. Reasons Why DJI Phantom 3 Advanced UA 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 associate with the

unmanned aircraft and its operation, Mr. Jordan A. Simmons operation of the DJI

Phantom 3 Advanced 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.

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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.

In seeking this exemption, Mr. Jordan A. Simmons submits that the DJI Phantom 3

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

demonstrated by: (a) the characteristics of the DJI Phantom 3 Advanced UAS; (b) the

pilot certification requirement; and (c) the specific operating limitations.

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

Safe Characteristics.

The DJI Phantom 3 Advanced 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 Advanced UAS.

The technical specifications of the DJI Phantom 3 Advanced UAS are set

forth by the DJI Phantom 3 Advanced user manual, attached hereto as

Exhibit A.

ii. The DJI Phantom 3 Advanced UAS Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within A Defined

Operational Area.

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

fully autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 3 Advanced UAS is provided at

page 11 of the DJI Phantom 3 Advanced User Manuals, attached hereto as

Exhibit A.

iii. The DJI Phantom 3 Advanced 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 Advanced UA will

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the

DJI Phantom 3 Advanced UAs do not reacquire control link data from the

GCS, the UAs will assume that the Control Link is lost and the UAs will

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

to the takeoff position and shutdown. A complete description of the

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Failsafe Functions of the DJI Phantom 3 Advanced at pages 12 through 14

of the DJI Phantom 3 Advanced User Manuals, attached hereto as Exhibit

A.

iv. DJI Phantom 3 Advanced GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 Advanced GCS and flight control software is provided at pages

34 through 47 of the DJI Phantom 3 Advanced User Manual. DJI Phantom

3 Advanced User Manuals are attached hereto as Exhibit A.

b. Flight Operations of DJI Phantom 3 Advanced UAS Are Limited to the

Line Of Sight of A Certificated Pilot in Command with A Safety Observer.

Mr. Jordan A. Simmons seeks exemption to only utilize certificated pilots who

possess a current and valid airman medical certificate to act as a pilot in command

(PIC) of the DJI Phantom 3 Advanced UAS as Mr. Jordan A. Simmons will

possess the equivalent thereof. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights of DJI Phantom 3 Advanced UASs Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, Mr. Jordan A. Simmons proposes to commercially

operate DJI Phantom 3 Advanced 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 UASs

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Advanced

Unmanned Aircraft System. 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 50 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

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

ATC must be in feet AGL.

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

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

other than corrective lenses, as specified on the PIC’s FAA­issued airman medical

certificate.

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

permitted.

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all times.

Electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for

the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

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

and avoiding other air traffic and other ground based obstacles/obstructions and is

not permitted to operate the camera or other instruments.

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

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

discrepancy exists between the conditions and limitations contained in the grant

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

conditions and limitations contained in the grant of exemption take precedence

and must be followed. Otherwise, the operator must follow the procedures as

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

operating documents. It is the operator’s responsibility to track such revisions and

present updated and revised documents to the Administrator upon request. The

operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the

exemption, then the operator must petition for amendment to its grant of

exemption. The FAA’s UAS Integration Office (AFS­80) 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

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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 pre­flight 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 manufacturer’s aircraft/component,

maintenance, overhaul; replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance,

inspection, alterations, and status of replacement/overhaul component parts must

be noted in the aircraft records, including total time in service, description of

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

to service.

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

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate, a current third­ class

medical certificate or the equivalent thereof.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

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

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

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

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

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experience­building flights, all persons not essential for flight operations are

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

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

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

1.1. All operations must be conducted under visual meteorological conditions

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

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

rules (SVFR) are not authorized.

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

as denoted on a current FAA­published aeronautical chart unless a letter of

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

conducted in accordance with a NOTAM as required by the operator’s COA. The

letter of agreement with the airport management must be made available to the

Administrator upon request.

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

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

PIC.

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

predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

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

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

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

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

Subpart C. Markings must be as large as practicable.

26. 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.

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

operations and activities at all times.

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

29. 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;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not

present an undue hazard to those persons per § 91.119(a). 32. All operations shall

be conducted over private or controlled­access property with permission from the

landowner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flight to be

conducted.

30. 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 (AFS­80) 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. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Mr. Jordan A. Simmons

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 Advanced 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 §§ 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

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conditions will permit safe operation of the UAs for the limited purpose of conducting

aerial video and photography over certain areas of the United States for compensation or

hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will

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

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

airworthiness certification in accordance with any requirements that must be established

for the safe operation of the UAS in the NAS.

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

21.16, for operation of the DJI Phantom 3 Advanced 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. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Mr. Jordan A. Simmons intended operation of the DJI

Phantom 3 Advanced 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 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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules from

Which Mr. Jordan A. Simmons Seeks Exemption:

Mr. Jordan A. Simmons 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 Mr. Jordan A. Simmons Seeks:

This exemption will permit Mr. Jordan A. Simmons to commercially operate an

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

photography over certain real property and structures within the continental United

States.

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G. Any Additional Information, Views, or Arguments Available To Support Mr. Jordan A.

Simmons 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, Mr. Jordan A. Simmons 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, Mr. Jordan A. Simmons will operate the DJI Phantom 3 Advanced

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, Mr. Jordan A. Simmons seeks an exemption pursuant to 14 C.F.R. § 11.61

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

safe operation of the DJI Phantom 3 Advanced 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 Mr. Jordan A. Simmons to safely, efficiently,

and economically operate the DJI Phantom 3 Advanced UAS’s commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Mr. Jordan A. Simmons 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 Mr. Jordan A. Simmons to operate the

DJI Phantom 3 Advanced UAS commercially for the purpose of conducting aerial video and

photography over certain real property and real estate structure within the continental United

States.

Date: December 31, 2015

_________________________

Mr. Jordan A. Simmons

2624 Mcneill Street

Raleigh, NC 27608

919­810­1582

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NCWingWalker@gmail.com

Appendices: ​A ­ DJI Phantom 3 Advanced Manufacturer’s User Manual

http://download.dji­innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Ma

nual_v1.2_en.pdf

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