### 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 REQUIREM ENTS 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 PURS UANT TO SECTION 333 OF THE FAA
MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112 95)

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 ABBR EVIATIONS 3

SUMMARY 4

INTRODUCTI ON 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 & HO LD 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 Flig ht 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 require ments 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
Unmann ed Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). Th is 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,

e ducational 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
LL C, l ocated in Austin, TX

, working for his father, Mark Whaling

, who is the Managing M ember of Position & Hold Investments LLC. Mark Whaling will also provide additional assistance when needed

. Position & Hold Investments LLC was founded in 201 1 and provid es construction financing and co nstruction 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 o perations.

### 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 Ai rcraft (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 sp eed 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 acco rdance 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 Whal ing

, 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 petitio n 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

a nd 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. Posi tion & 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 Maintenanc e 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 pri vileges 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 curren cy 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 & Hol d 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 In struction 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 t he 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 o f safety equivalent to Section 91.121.

Additionally, Position & Hold Investments LLC s eeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Position & Hold
Investments LLC submits that safet y 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 accorda nce with 14 C.F.R. § 11.81, Position & Hold Investments LLC provide the following information in support of their petition for exemption:

### A. Nam e 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.comB. The Specific Sections O f 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 com mand , 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 th at 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 employm ent ; 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), stat es 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 setti ng 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 Exempt ion 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 insp ections, 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 , su bsection (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 chap ter 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 91.41 7, 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 paragr aph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100 hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe)
and e ach 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 c urrent 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 in spection 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 dire ctives 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, t o 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 Investment s 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 t he 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, P osition & 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 hi re.

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 allo w 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 Man ual, 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. Ther efore, 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 inf ormation 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 LLCseeks 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, rel ief 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 b arometric 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. Positi on & 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 f ly 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 practica lity 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 operat ing 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), unde r 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 ap ply 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 th e 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, tec hniques, 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 wil l further the public interest by allowing Position & Hold Investments LLC

to safely, efficiently, and economically perform aerial video and pho tography of construction sites, real estate, and landscape ov er 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 wi thout 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 o btain 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 in crease 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 Phanto m 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 v iable 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 les s 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 w ill 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”) regulator y actions phasi ng 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 compa nies 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 D JI 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. Specifi cally, 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 invo lvement 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 UA S 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 dete rmination 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 s ection 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 aircraf t 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 stati onary, 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 w ill 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, Po sition & 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 it s 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 n avigational modes of the DJI Phantom 3 UAS is provided at pages 12 16 and 45 50 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 t his 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 limit ations:

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. Propos ed 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 flow n 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 b y 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 s pecified 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 requirem ent 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 tr ansfer 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 ot her 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 Adminis trator 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 preceden ce 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 docum ents.

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

necess ary 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 mak e an entry in the aircraft records.

12. The pre flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator mus t 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 operatin g 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 retur ning 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 be tween 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 un der the terms of the

exem ption. However, training operations may only be conducted during dedicated training sessions. During training, p roficiency, and experience building flights, all persons not essential for flight operations are considered

non participants, 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 propose d area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

published aeronautical chart unless a letter of agree ment 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 pre dete rmined 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 operat or 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 tha n 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 offic ial 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 condu cted 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 per sons 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, f light operations must cease immediately and/o r ;

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 deter mined 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 control led 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 opera tion that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS 80) within 24 hours. Accidents must be reported to the National Transportation Safe ty 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 Investm ents 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. Considerin g 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 requi rements (See Exemption No. 11062 ) ; and the airmanship skills necessary to safely operate the DJI Phantom 3
UA S, 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 FA A 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 trainin g 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 struct ures. 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 U AS 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 fligh t 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 m inimum 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

r egulations 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 logg ed 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 (fo r 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 th e 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 & H old 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 flight hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UA S 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 Adver sely 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 co mpliance 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 h erein (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 do wnlinks 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 le vel 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. Section91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS ; (2) the limitations on the proposed flight oper ations ; 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 limit ationson 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 vi sual 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 P hantom 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 co nsidered. 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
technicia ns 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, an d 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, Positio n & 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 Mainte nance 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), an d 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 operatin g 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, 11 153, 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, P osition & 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 th at 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

othe rwise 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, t he Administrator may prescribe spe cial 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 u nusual 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 aircraf t, 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, i n 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 t o 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 B e 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 Unmanne d 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 m ade 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 b e 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 R eform 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 eco nomically 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 t he 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 t o operate the DJI Phantom 3 UASs commercially for the purpose of conducting aerial video and photography ov er 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

78735Appendices :

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/ downloadB

– DJI Phantom 3 Maintenance Log

APPENDIX

– B

DJI PHANTOM 3 Maintenance Log