July 26, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act

Dear Sir or Madam:

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

and 14 CFR Part 11, Jeffrey T. Dowling hereby applies for an exemption from the following

FAR’s: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14

CFR 91.9(b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) And (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR

91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b). This exemption is to allow for commercial

operation of the DJI Phantom 3 Professional and DJI Inspire 1 small unmanned aircraft systems

(sUAS). These sUAS, as described herein, which are equipped with camera(s) and sensors,

would operate in the following manner:

• Routine inspections of Power Electric Utility insulators.

• Right­of­Way inspections for Electric Power Utility and Natural and/or Gas petroleum pipeline

inspection.

• Power station inspections.

• Natural Gas pump station inspection.

• Crop and Agricultural monitoring.

• Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

• Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.
• Aerial inspection/photography of residential/commercial utility infrastructure including but not

limited to electrical power lines, wind turbines and cell towers with help of F.L.I.R. (Forward

Looking Infrared Camera) cameras.

• Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Jeffrey T. Dowling and I am a 49 year old Airline Transport Pilot. I began building

and flying radio controlled aircraft in 1985. I joined the USAF in 1989 and have been flying

commercially since 1994. I also built and currently fly an experimental aircraft.

My objective is to offer services to local individuals and organizations featuring

aerial photography and video.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional and DJI Inspire 1 sUAS.

Jeffrey T. Dowling seeks an exemption to operate DJI systems for compensation or

hire within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1 are 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

Professional has a maximum gross weight of approximately 2 pounds 11 ounces, while

having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum

speed of approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6

pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches,

and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professional and

DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by

Jeffrey T. Dowling 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, Jeffrey T. Dowling, 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 Professional and DJI

Inspire 1 sUAS 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, Jeffrey T. Dowlings’ operation of DJI Phantom 3

Professional and DJI Inspire 1 sUAS 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, Jeffrey T. Dowling 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.

Jeffrey T. Dowling submits that the requested relief is proper since an equivalent level

of safety will be ensured. Jeffrey T. Dowling will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the sUAS using the

methods, techniques, and practices prescribed in the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction

Manual). Furthermore, Jeffrey T. Dowling will document and maintain all maintenance

records for the DJI Phantom 3 Professional and DJI Inspire 1 sUAS.

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

pilot privileges and limitations: Pilot in command, is requested by Jeffrey T. Dowling to the

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

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

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

operate the DJI Phantom 3 Professional and DJI Inspire 1 sUAS in a manner consistent

with this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and structures.

Jeffrey T. Dowling seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness, because the DJI Phantom 3 Professional and DJI Inspire 1 sUAS do not

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

such, Jeffrey T. Dowling submits that he will ensure that the DJI Phantom 3 Professional and

DJI Inspire 1 sUAS are in an airworthy condition, prior to every flight, by determining

that the sUAS are in compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction

Manual), and that the aircraft are in a condition for safe flight.

Jeffrey T. Dowling also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI Phantom 3 Professional and DJI Inspire 1 sUAS will

not have a typical barometric altimeter onboard. However, altitude information of the DJI

Phantom 3 Professional and DJI Inspire 1 sUAS 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 Jeffrey T. Dowling’s operation of the DJI Phantom 3

Professional and DJI Inspire 1 sUAS within visual line of sight, at or below 500 feet

AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Jeffrey T. Dowling seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Jeffrey T. Dowling

submits that safety will not be affected by operation of the DJI Phantom 3

Professional and DJI Inspire 1 sUAS 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 13.5 minutes to the first point of intended landing and,

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

In accordance with 14 C.F.R. § 11.81, Jeffrey T. Dowling provides the following

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

Jeffrey T. Dowling

2814 Stinson Street

Poplar Grove IL, 61065

B. The Specific Sections Of 14 C.F.R. From Which Jeffrey T. Dowling Seeks Exemption.

1. Jeffrey T. Dowling Seeks Exemption From The Requirements Of Section

61.113(a) And (b).

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

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

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

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

connection with any business or employment if—

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

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

hire.

2. Jeffrey T. Dowling 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. Jeffrey T. Dowling 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. Jeffrey T. Dowling 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. Jeffrey T. Dowling 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. Jeffrey T. Dowling 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. Jeffrey T. Dowling 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.

8. Jeffrey T. Dowling 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 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 Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling Seeks

The Relief.

1. Extent Of Relief Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling

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, Jeffrey T. Dowling submits that an equivalent level of

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

Professional UAS or DJI Inspire 1 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 Professional or DJI Inspire 1 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, Jeffrey T. Dowling submits that all flights of the DJI Phantom 3 Professional

and DJI Inspire 1 sUAS, conducted by the PIC pursuant to the grant of this Petition: (1)

will be incidental to Jeffrey T. Dowling’s business; and (2) will not carry passengers or

property for compensation or hire.
2. Extent Of Relief Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling

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 Jeffrey T. Dowling to determine that the DJI Phantom 3

Professional and DJI Inspire 1 sUAS are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the operating documents (i.e., the Aerial

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

Inspire 1 Instruction Manual).

Jeffrey T. Dowling seeks the requested relief because the DJI Phantom 3 Professional

and DJI Inspire 1 sUAS do not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H. Therefore, Jeffrey T. Dowling will ensure that the DJI Phantom 3

Professional and DJI Inspire 1 sUAS are in airworthy condition based upon its

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

Phantom 3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and

further, determine that the aircraft are in condition for safe flight, as stated in the

conditions and limitations below.

3. Extent Of Relief Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling

Seeks Relief From Section 91.121.

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

flight operations of the DJI Phantom 3 Professional and DJI Inspire 1 sUAS, 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),

Jeffrey T. Dowling seeks the requested relief because the DJI Phantom 3 Professional and

DJI Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the

local barometric pressure or field altitude, before each flight.

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

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

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

be maintained since the DJI Phantom 3 Professional and DJI Inspire 1 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 Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling

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 Professional and DJI Inspire 1 UAs during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of
13.5 minutes to the first point of intended landing and, assuming normal cruising speed,

to fly after that for at least 4.5 minutes. Jeffrey T. Dowling seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJI Phantom 3 Professional and DJI Inspire 1 UAs will severely constrain the

practicality of any aerial video or still photo flight operations that Jeffrey T. Dowling

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

Professional and DJI Inspire 1 sUAS, the DJI Phantom 3 Professional and DJI Inspire 1

operating documents, and Jeffrey T. Dowling proposed operating limitations, ensure that

Jeffrey T. Dowling will safely operate the battery powered DJI Phantom 3 Professional and

DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), with enough battery power to fly for a total duration of

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

to fly after that for at least 4.5 minutes.

5. Extent Of Relief Jeffrey T. Dowling Seeks And The Reason Jeffrey T. Dowling

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, Jeffrey T. Dowling requests relief

from these Sections because the DJI Phantom 3 Professional and DJI Inspire 1 sUAS do

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3

Professional and DJI Inspire 1 sUAS meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, Jeffrey T. Dowling will use

trained technicians to perform maintenance, alterations, or preventive maintenance on the

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

documents (i.e., the Jeffrey T. Dowling Aerial Operations Manual, Monthly Maintenance

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

Furthermore, Jeffrey T. Dowling will document and maintain all maintenance records for the

DJI Phantom 3 Professional and DJI Inspire 1 sUAS.

D. The Reasons Why Granting Jeffrey T. Dowling 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 Jeffrey T. Dowling to

safely, efficiently, and economically perform aerial video and photography over certain areas of

the United States. Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 sUAS

will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of Jeffrey T. Dowling’s proposed operation of the DJI

Phantom 3 Professional and DJI Inspire 1 sUAS will be realized without implicating any

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

The DJI Phantom 3 Professional and DJI Inspire 1 UAs are battery powered and

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

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

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3

Professional or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the

NAS, reduce noise and air pollution, as well as increase the safety of life and property in

the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or

land. Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 Professional and DJI Inspire 1 sUAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI

Inspire 1 sUAS, instead of manned aircraft, will greatly benefit the public by drastically

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

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

Phantom 3 Professional and DJI Inspire 1 sUAS 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 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of

aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional and DJI Inspire 1 sUAS to perform

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

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

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

members located onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1

UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively,

at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively,

widths of 16 inches and 17.7 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 Professional and DJI Inspire 1 sUAS Will Benefit The
Economy.

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

Inspire 1 sUAS are also an economical alternative to using manned aircraft to conduct

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

Inspire 1 sUAS will allow United States based companies, like Jeffrey T. Dowling, to remain

competitive and contribute to growth of the U.S. economy. Specifically, with the rising

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

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

adopt new and alternative technology in order to remain competitive. Operating the

battery powered DJI Phantom 3 Professional and DJI Inspire 1 sUAS is one such

technology that not only allows companies greater operational flexibility compared to

manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the DJI Phantom 3 Professional and DJI Inspire 1 sUAS, companies

such as Jeffrey T. Dowling, can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to

growth of the U.S. economy. Improved financial performance of U.S. companies, through

commercial use of the DJI Phantom 3 Professional and DJI Inspire 1 sUAS, 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, Jeffrey T. Dowling’s proposed operation of the DJI Phantom 3 Professional and DJI

Inspire 1 sUAS will not implicate any privacy issues. Specifically, the DJI Phantom 3

Professional and DJI Inspire 1 sUAS will be operated only in compliance with operating

documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires property

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

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

C.F.R. § 91.119.

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 Jeffrey T. Dowling Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 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, Jeffrey T. Dowling’s operation of the DJI

Phantom 3 Professional and DJI Inspire 1 sUAS meet the conditions of FMRA Section
333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part

21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether a UAS will create a

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

Specifically, FMRA Section 333 states the following, in part:

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

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

Transportation shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the plan

and rulemaking required by section 332 of this Act or the guidance required

by section 334 of this Act.

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

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

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

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

populated areas, and operation within visual line of sight do not create

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

a threat to national security; and

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

airworthiness certification under section 44704 of title 49, United

States Code, is required for the operation of unmanned aircraft

systems identified under paragraph (1).

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

section that certain unmanned aircraft systems may operate safely in the

national airspace system, the Secretary shall establish requirements for the

safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Jeffrey T. Dowling submits that the DJI Phantom 3

Professional and DJI Inspire 1 sUAS can operate safely in the NAS pursuant to FMRA

Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3

Professional and DJI Inspire 1 sUAS; (b) the pilot certification requirement; and (c) the

specific operating limitations.

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

1 sUAS Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Inspire 1 sUAS do not create a hazard to

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

its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional and

DJI Inspire 1 sUAS.

The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1

sUAS are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 Specifications

and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 3 Professional and DJI Inspire 1 sUAS
Autonomous Flight And Navigation Modes Enable The sUAS To

Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional and DJI Inspire 1 sUAS may be operated in both

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

navigational modes of the DJI Phantom 3 Professional and DJI Inspire 1 sUAS is

provided at pages 25­35 of the DJI Phantom 3 Professional and pages 12­16 and 45­50 of

the DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 3 Professional and DJI Inspire 1 sUAS Are

Designed For Automatic Return To Home Point Or Hover In The

Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1

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

Phantom 3 Professional and DJI Inspire 1 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 Failsafe Functions of the DJI Phantom 3

Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages

13 through 15 of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals,

attached hereto as Exhibit C and D.

iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its

Operation.

A complete description of the operation and specifications of the DJI Phantom 3

Professional and DJI Inspire 1 GCS and flight control software is provided at pages 32

through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of

the DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User

Manuals are attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1

sUAS Are Limited To The Line Of Sight Of A Certificated Pilot in

Command With A Safety Observer.

Jeffrey T. Dowling will only utilize certificated pilots who possess a current and valid

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

Professional and DJI Inspire 1 sUAS. Additionally, a safety observer will assist all pilots

during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 sUAS Will Be

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Jeffrey T. Dowling proposes to commercially operate DJI

Phantom 3 Professional and DJI Inspire 1 sUAS 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 sUAS

weighing less than 55 pounds maximum gross weight: DJI Phantom 3
Professional and DJI Inspire 1 Unmanned Aircraft Systems. Proposed

operations of any other aircraft will require a new petition or a petition to

amend this grant.

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

for the purpose of aerial video and photography.

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

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

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

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

reported to ATC must be in feet AGL.

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

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

device other than corrective lenses, as specified on the PIC’s 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 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 sUAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

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

corrective action taken against discrepancies discovered between inspections.

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

third­ class medical certificate.

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

qualification flight hours must be logged in a manner consistent with 14

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may

only be conducted during dedicated training sessions. During training,

proficiency, and 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. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

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

the grant of exemption. This COA will also require the operator to request a

Notice to Airman (NOTAM) not more than 72 hours in advance, but not less

than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class

of airspace, altitude level and potential transponder requirements.

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

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

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

Subpart C. Markings must be as large as practicable.

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

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

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

available to the PIC at the Ground Control Station of the UAS any time the

UAS is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

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

operations and activities at all times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating
persons (persons other than the PIC, SO, operator trainees or essential

persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where

nonparticipating persons leave such protection and are within 500 feet

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

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

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

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

operating 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 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 (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. Reasons Why An Exemption From The Requirements Of Section 61.113(a)

And (b) Would Not Adversely Affect Safety.

Jeffrey T. Dowling submits that the equivalent level of safety established by Section

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

Phantom 3 Professional and DJI Inspire 1 sUAS unless that PIC has demonstrated, by

meeting minimum flight­hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with

the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Considering Jeffrey T. Dowling’s proposed area of operations, and the operating

limitations set forth­above; the parallel nature of private pilot aeronautical knowledge

requirements to those of commercial pilot requirements (See Exemption No. 11062); and

the airmanship skills necessary to safely operate the DJI Phantom 3 Professional or DJI

Inspire 1 UAS, Jeffrey T. Dowling submits that the additional manned airmanship experience

of a commercially certificated pilot would not correlate to the airmanship skills necessary

for Jeffrey T. Dowling’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

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

Jeffrey T. Dowling will not allow any PIC to operate the DJI Phantom 3 Professional

or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight­hour

requirements or the DJI Phantom 3 Professional or DJI Inspire 1 UAS training and

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

Professional or DJI Inspire 1 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. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days

(for currency purposes).

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

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during Jeffrey T. Dowling’s proposed operations. The

Administrator has held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

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

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

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

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

pilot with a multi­rotor 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 flight­hour

requirements in Exemption No. 11062 are appropriate to practice and build

proficiency in the skills necessary to safely conduct the petitioner’s proposed

operations. The FAA also finds that prior documented flight experience that was

obtained in compliance with applicable regulations would satisfy this

requirement. Training, proficiency, and experience­building flights can also be

conducted under the grant of exemption to accomplish the required flight time.

During training, proficiency, and experience­building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.
Accordingly, Jeffrey T. Dowling will ensure safe operations by not allowing any PIC

to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has

demonstrated, by meeting minimum flight­hour and currency requirements, that the PIC

is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 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.

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

because prior to every flight, Jeffrey T. Dowling will ensure that the DJI Phantom 3

Professional or DJI Inspire 1 UAS is in an airworthy condition based upon the sUAS

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 Professional and DJI Inspire 1

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 Jeffrey T. Dowling’s

operation of the DJI Phantom 3 Professional and DJI Inspire 1 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 sUAS 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 Professional and DJI Inspire 1 sUAS; (2) the limitations on the proposed

flight operations; and (3) the location of the proposed flight operations. Accordingly,

Jeffrey T. Dowling will ensure that it will safely operate the battery powered DJI Phantom 3

Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with

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

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

minutes.

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

3 Professional and DJI Inspire 1 sUAS; 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 Professional and DJI Inspire 1 sUAS provide audible and visual warnings

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

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

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

+ and DJI Inspire 1 sUAS 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, Jeffrey T. Dowling 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 Jeffrey T. Dowling will use trained technicians to perform maintenance,

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

practices prescribed in the operating documents (i.e., the Jeffrey T. Dowling Aerial

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

Inspire 1 Instruction Manual). Furthermore, Jeffrey T. Dowling will document and maintain

all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1 sUAS.

Since the DJI Phantom 3 Professional and DJI Inspire 1 sUAS will be inspected

as prescribed by the operating documents, Jeffrey T. Dowling will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy

of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as
Exhibit C and D; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS

Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Jeffrey T. Dowling 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 Professional and DJI Inspire 1 sUAS will be performed by trained

technicians. Maintenance will be documented and maintained utilizing the monthly

maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety

is not adversely affected when the technical characteristics and operating limitations of

the UAS are considered.

In consideration of Jeffrey T. Dowling’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Professional and DJI Inspire 1

sUAS, Jeffrey T. Dowling 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. § 21.16 entitled Special Conditions, Jeffrey T. Dowling requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3

Professional and DJI Inspire 1 sUAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established

by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

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

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

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

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional and DJI Inspire 1 sUAS, 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 Leading Edge’s intended operation of the DJI

Phantom 3 Professional and DJI Inspire 1 sUAS, which contain such safety standards that

the Administrator finds necessary to establish a level of safety equivalent to that

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b),

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

& (b).

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

Rules From Which Jeffrey T. Dowling Seeks Exemption:

Jeffrey T. Dowling 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 Jeffrey T. Dowling Seeks:

This exemption will permit Jeffrey T. Dowling to commercially operate an Unmanned

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

photography over certain areas of the United States.

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

Jeffrey T. Dowling’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if

certain UAS may operate safely in the NAS. As such, Jeffrey T. Dowling’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

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

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

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

airworthiness certification.

As discussed in detail above, Jeffrey T. Dowling will operate the DJI Phantom 3

Professional and DJI Inspire 1 sUAS 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, Jeffrey T. Dowling seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 3 Professional and DJI Inspire 1

sUAS 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 Jeffrey T. Dowling to safely, efficiently, and economically operate the

DJI Phantom 3 Professional and DJI Inspire 1 sUAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the

FAA Modernization and Reform Act of 2012, Section 333, Jeffrey T. Dowling respectfully

requests that the Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

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

Phantom 3 Professional and DJI Inspire 1 sUAS commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: July 26,, 2015

Respectfully submitted,

Jeffrey T. Dowling

_________________________

Jeffrey T. Dowling

2814 Stinson Street

Poplar Grove IL, 61065

Appendices:

A – DJI Phantom 3 Professional Specifications Data Sheet

B – DJI Inspire 1 Specifications Data Sheet

APPENDIX – A

DJI Phantom 3 Professional TECHNICAL SPECIFICATIONS

Jeffrey T. Dowling only utilizes safe and reliable sUAS. DJI is an industry leader in small

UAS production. DJI sUAS are loaded with ground breaking software enabling the user

to set parameters which will not allow flight into controlled airspace. Parameters can also

be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real­time

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)
1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity ­ 2000/s

1.1.1.5 Max Tilt Angel ­ 350

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy ­ ±0.030

1.1.2.3 Controllable Range – Pitch: ­900­ 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range ­ 320F ­ 1040F (00C ­ 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View ­ 1100/850

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) ­ ­93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412­2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500­700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

Jeffrey T. Dowling only utilizes safe and reliable sUAS. DJI is an industry leader in small

UAS production. DJI sUAS are loaded with ground breaking software enabling the user

to set parameters which will not allow flight into controlled airspace. Parameters can also

be set to limit flight to no higher than a predetermined and set altitude as well as limit

flight to a predetermined and set distance. In addition, DJI software provides real­time

altitude and location information to the PIC via the linked monitor (smart phone/tablet

devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal:
2.5m

2.2.1.4 Max Angular Velocity – Pitch: 3000/s; Yaw: 1500/s

2.2.1.5 Max Tilt Angle ­ 350

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT

RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 140F to 1040F (­100C to

400C)

2.2.1.15 Dimensions – 17 1⁄4” x 17 3⁄4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA

2.2.2.4 Angular Vibration Range ­ ±0.030

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: ­900to +300; Pan: ±3200

2.2.2.7 Mechanical Range – Pitch: ­1250to 450; Pan: ±3300

2.2.2.8 Max Controllable Speed – Pitch: 1200/s; Pan: 1800/s

2.2.3 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100­3200

2.2.3.7 Field of View ­ 940

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60;

HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range ­ 320F ­ 1040F (00C ­ 400C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728­5.850GHz; 2.400­2.483GHz

2.2.4.3 Communicating Distance (unobstructed) – 2000m

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range ­ 140F to 1040F (­100C to
4

00C)

2.2.4.6Battery–600mAhLiPo2S