UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: POSITION & HOLD 

INVESTMENTS LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE 

REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 

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

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJI PHANTOM 3 

UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 11295) 

Submitted on June 15, 2015 

Tim and Mark Whaling 

Position & Hold Investments, LLC

8641 Old Bee Caves Rd.

Austin, TX 78735
TABLE OF CONTENTS 

GLOSSARY OF ABBREVIATIONS 3 

SUMMARY 4 

INTRODUCTION AND INTERESTS OF PETITIONERS 4 

BACKGROUND 5 

BASIS FOR PETITION 5 

NAME AND ADDRESS OF PETITIONERS 7 

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

POSITION & HOLD INVESTMENTS, LLC SEEKS EXEMPTION 8 

THE EXTENT OF RELIEF POSITION & HOLD INVESTMENTS SEEK AND 

THE REASONS POSITION & HOLD INVESTMENTS SEEKS THE RELIEF 10 

THE REASONS WHY GRANTING REQUEST WOULD BE IN THE PUBLIC INTEREST 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY 19 

CONCLUSION 24 
GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

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

SO Safety Observer 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
SUMMARY 

Tim Whaling and Mark Whaling, under the company title, Position & Hold Investments 

LLC, seek 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 Tim Whaling, Mark Whaling, and Position & Hold 

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

conducting aerial video and photography to be used in television and web based commercials, 

educational videos, construction time lines, documentaries, and workplace safety over certain 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONERS 

Tim Whaling is the Unmanned Aircraft System operator for Position & Hold Investments 

LLC, located in Austin, TX, working for his father, Mark Whaling, who is the Managing Member 

of Position & Hold Investments LLC. Mark Whaling will also provide additional assistance when 

needed. Position & Hold Investments LLC was founded in 2011 and provides construction 

financing and construction management services to General Contractors and Subcontractors 

primarily in Central Texas. The objective of Position & Hold Investments LLC is to provide high 

quality imaging for a variety of commercial and public uses, specifically targeting: 

• Creation of commercial messages for television and websites 

• Documentaries

• Real Estate Sales and Promotion

• Construction Related Safety and training 

• Educational videos

• Increasing public knowledge of UAS and promote safe UAS operations. 
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 UAS 

Position & Hold Investments LLC seeks an exemption to operate DJI systems for 

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

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

phone systems. The DJI Phantom 3 has a maximum gross weight of 2 pounds 13.1 ounces, a length 

of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of 

approximately 31.1 knots. The DJI Phantom 3 UA is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. The DJI Phantom 3 UA that will be operated by 

Position & Hold Investments LLC and 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 

Petitioners, Tim Whaling and Mark Whaling, for Position & Hold Investments pursuant to 

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

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

Unmanned Aircraft Systems, hereby petition the Administrator to commercially operate the DJI 

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

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(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, Position & Hold 

Investments’ operation of the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 

and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Accordingly, Position & Hold Investments LLC requests relief from Sections 

91.405(a), 91.407(a)(1), and 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. 

Position & Hold Investments LLC submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Position & Hold Investments LLC will use experienced 

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

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

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

Furthermore, Position & Hold Investments LLC will document and maintain all 

maintenance records for the Phantom 3 UAS. Relief from certain requirements of Section 

61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested 

by Position & Hold Investments LLC to the extent necessary to allow a Pilot in Command (PIC) 

holding 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 inside 

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

and maintaining appropriate distances from people, vessels, vehicles and structures. 
Position & Hold Investments, LLC seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part21, Subpart H. As such, Position & Hold Investments, LLC submits 

that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by 

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

Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft are in a condition for 

safe flight. 

Position & Hold Investments LLC also seeks an exemption from the requirements of Section 

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

altimeter onboard. However, altitude information of the DJI Phantom 3 UA will be provided to the 

PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude 

information, combined with Position & Hold Investments LLC’s operation of the DJI Phantom 3 UA 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to

Section 91.121. 

Additionally, Position & Hold Investments LLC seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Position & Hold 

Investments LLC submits that safety will not be affected by operation of the Phantom 3 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 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, Position & Hold Investments LLC provide the following 

information in support of their petition for exemption: 
A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of 

contact is: 

Tim Whaling

Mark Whaling

Position & Hold Investments, LLC

8641 Old Bee Caves Rd.

Austin, TX

78735

Email. mwhaling@ausconcrete.com
B. The Specific Sections Of 14 C.F.R. From Which Position & Hold Investments LLC Seeks Exemption. 

1. Position & Hold Investments LLC 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. Position & Hold Investments LLC 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. Position & Hold Investments LLC 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. Position & Hold Investments LLC 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. Position & Hold Investments LLC 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. Position & Hold Investments LLC 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. Position & Hold Investments LLC Seek 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 § ____ of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

8. Position & Hold Investments LLC 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 life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis. 

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

program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently 

installed engines, rotors, propellers, and appliances. 

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

(1) The records specified in paragraph (a)(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 Position & Hold Investments LLC Seeks And The Reason Position & 

Hold Investments LLC Seek The Relief. 

1. Extent Of Position & Hold Investments LLC And The Position & Hold Investments LLC 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 valid airman medical certificate, and who has met certain 

flight hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot 

may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, Position & Hold Investments LLC submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the DJI Phantom UAS unless that PIC has met certain 

flight hour and currency requirements, demonstrating that the PIC is able to safely operate the DJI Phantom 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, Position & Hold Investments LLC submits that all flights of the DJI Phantom 3 UAS, conducted by 

the PIC pursuant to the grant of this Petition: (1) will be incidental to Position business; and (2) will not carry 

passengers or property for compensation or hire. 

2. Extent Of Relief Position & Hold Investments LLC Seeks And The Reason Position & Hold 

Investments LLC 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 

Position & Hold Investments LLC to determine that the DJI Phantom UAS are in airworthy condition prior to every 

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Position & Hold Investments 

LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Position & Hold 

Investments LLC seeks the requested relief because the DJI Phantom 3 UA does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Position & Hold Investments LLC will ensure 

that the DJI Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that 

the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

3. Extent Of Position & Hold Investments LLC Seeks And The Reason Position & Hold Investments 

LLC Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). 

Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control 

(ATC) in feet above ground level (AGL), Position & Hold Investments LLC 
seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each 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 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 heads-up display of the GCS. 

4. Position & Hold Investments LLC Seeks And The Reason Position & Hold Investments LLC 

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 UA 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. 

Position & Hold Investments LLC seeks the requested relief because without an exemption from Section 

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

any aerial video or still photo flight operations that Position & Hold Investments LLC proposes to conduct pursuant to 

this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 

3 operating documents, and Position & Hold Investments LLC’s proposed operating limitations, ensure that Position & 

Hold Investments LLC will safely operate the battery powered DJI Phantom 3 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 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 Position & Hold Investments LLC Seeks And The Reason Position & Hold 

Investments LLC 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, Position & Hold Investments LLC request relief from these Sections because the 

DJI Phantom 3 UAS does not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, Position & Hold Investments LLC will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e., the Position & Hold Investments LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Position & Hold Investments LLC will 

document and maintain all maintenance records for the DJI Phantom 3 UAS. 
D. The Reasons Why Granting Position & Hold Investments LLC’s 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 Position & Hold Investments LLC 

to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and 

landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease 

congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

Position & Hold Investments LLC’s proposed operation of the DJI Phantom 3 UAS will be realized without 

implicating any privacy issues. 

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

The DJI Phantom 3 UAs are battery powered and serve as a safe, efficient, and economical alternative to the 

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

perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount of 

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

and on the ground. 

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

caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAs do not require an airport to takeoff 

or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in 

fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of manned aircraft, will greatly benefit 

the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produces no air 

pollution, and is the most viable environmentally conscious alternative to the six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 20 to 30 gallons per 

hour of leaded aviation fuel. 

The DJI Phantom 3 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UAs are propelled by battery powered electric motors, rather than an internal combustion engine. By 

using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on 

the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced 

or completely eliminated. 

Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UA (weighing 

approximately 2 pounds 13.1 ounces respectively, at its maximum gross weight with a length of 16.2 inches and width 

of 16.6 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 

gallons). 
In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using

manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United 

States based companies, like Position & Hold Investments LLC, 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 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 UAS, companies such as Position & Hold 

Investments LLC, can remain competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development 

in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Position & 

Hold Investments LLC’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. 

Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., the 

Position & Hold Investments LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 

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 Position & Hold 

Investments LLC Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 UA Meets 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, Position & Hold Investments LLC’s operation of the DJI Phantom 3 UAS meets 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: 

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The 

Economy. 

(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. 

When the Control Link is lost, the DJI Phantom 3 UA will remain stationary, in flight, for 3 seconds or more. If, 

after 3 seconds, DJI Phantom 3 UA do not reacquire control link data from the GCS, the UAwill assume that the 

Control Link is lost and the UA 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 UAS are 

set forth at pages 13 through 15 of the DJI Phantom 3 User Manual, attached hereto as Exhibit A. 

In seeking this exemption, Position & Hold Investments LLC submits that the DJI Phantom 3 UAS can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS ; (b) 

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

a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its Safe Characteristics. 

The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to 

national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

Specifications and Data Sheet, attached hereto as Exhibit. 

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The DJI Phantom 3 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 UAS is provided at pages 1216 and 4550 of 

the DJI Phantom 3 User Manual, attached hereto as Exhibit B. 

iii. The DJI Phantom 3 UAS Is Designed For Automatic Return To Home Point Or Hover In The Event 

Of Loss Of The Control Link Or Navigation. 

iv. The DJI Phantom 3 GCS And Its Operation. 
A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is 

provided at pages 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto 

as Exhibit A. 

b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

Position & Hold Investments LLC will only utilize certificated pilots to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist all pilots during flight time. 

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

Operating Limitations. 

In seeking this exemption, Position & Hold Investments LLC proposes to commercially operate the DJI Phantom 3 

UAS for the special purpose of conducting aerial video and photography over certain areas of United States, 

pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating 

documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Unmanned 

Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this 

grant. 

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video 

and photography. 

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

4. The UA must be operated at an altitude of no more than 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 FAA-issued 

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 (AFS -80) may be contacted if questions arise regarding updates or revisions to 

the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, 

e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts 

the functional test flight must make an entry in the aircraft records. 

12. The 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 UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 
17. The PIC must meet possess at least a current 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 experience building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance 

with 14 C.F.R. § 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. 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 controlled access 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. 

Position & Hold Investments LLC submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that 

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

operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

Considering Position & Hold Investments LLC’s proposed area of operations, and the operating limitations 

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot 

requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 

UAS, Position & Hold Investments LLC submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Position & Hold Investments LLC’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).

Position & Hold Investments LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC 

has demonstrated, by meeting minimum flight hour requirements or the DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this 

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

vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 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 Position & Hold Investments LLC will not 

allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight hour 

requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and 

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

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 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).’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 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive

i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included 

in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes).
The FAA finds that at a minimum, the flight hour requirements in Exemption No. 11062 are appropriate to 

practice and build proficiency in the skills necessary to safely conduct the 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 experience building flights can also be conducted under the grant 

of exemption to accomplish the required flight time. During training, proficiency, and experience building flights the 

PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Position & Hold Investments LLC will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 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 UAS in a manner consistent withthe 

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, Position & Hold Investments LLC will ensure that the DJI Phantom 3 UAS is in an airworthy condition based 

upon the UAS’s 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 UA 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 Position & Hold Investments LLC ’s operation of the DJI Phantom 3 UA 

within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted 

relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely 

Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 
 

91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the 

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

Investments LLC will ensure that it will safely operate the battery powered DJI Phantom 3 UA during daylight hours 

in VFR conditions, with enough battery power to fly for a total duration of 15 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 UAS; the limitationson the proposed flight operations; and 

the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provides audible and visual warnings to 

the PIC at the GCS when the UA 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, theDJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by 

the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less 

than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the 

FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Position & Hold Investments LLC 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 Position & Hold Investments LLC will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, 

and practices prescribed in the operating documents (i.e., the Position & Hold Investments LLC Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Position & Hold 

Investments LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI 

Phantom 3 UAS will be inspected as prescribed by the operating documents, Position & Hold Investments LLC will 

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

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

LOG is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Position & Hold Investments LLC 

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

DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when 

the technical characteristics and operating limitations of the UAS are considered. 

In consideration of Position & Hold Investments LLC’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 UAS, Position & Hold Investments LLC 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, Position & Hold Investments LLC request that the FAA prescribe special 

conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the 

Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

H, and 14 C.F.R §§ 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 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 Position & Hold Investments LLC intended operation of the DJI Phantom 3 UAS, which contain such 

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

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 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 Position & Hold Investments LLC Seeks Exemption: 

Position & Hold Investments LLC 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

A Brief Description Of The Nature Of The Exemption Position & Hold Investments LLC Seeks: 

This exemption will permit Position & Hold Investments LLC 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 Position & Hold 

Investments LLC 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, Position 

& Hold Investments LLC’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, Position & Hold Investments LLC will operate the DJI Phantom 3 UAS safely 

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national 

security. 
CONCLUSION 

As set forth herein, Position & Hold Investments LLC 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 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 Position & Hold Investments LLC to safely, efficiently, and economically operate 

the DJI Phantom 3 UASs commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation 

Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Position & Hold Investments LLC 

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 Position & Hold Investments LLC to operate the DJI Phantom 3 UASs commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States. Dated: June 15, 2015.

Respectfully submitted, 

____________________________

____________________________

Tim Whaling

Mark Whaling

Tim Whaling and Mark Whaling

Position & Hold Investments LLC 

8641 Old Bee Caves Rd. 

Austin, TX

78735
Appendices: 

A – DJI Phantom 3 Specifications Data Sheet 

APPENDIX – A 

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS 

http://www.dji.com/product/phantom-3/spec 

Position & Hold Investments LLC only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI UASs 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 real time 

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

DJI PHANTOM 3 USER MANUAL 

http://www.dji.com/product/phantom-3/download 
B – DJI Phantom 3 Maintenance Log 

APPENDIX – B

DJI PHANTOM 3 Maintenance Log