June, 11 2015 

Attn:

U. S. Department of Transportation Docket Operations West Building 

Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590 

RE: Dan Reynolds Photography 

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 

OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Daniel Reynolds

Owner/Operator

Dan Reynolds Photography

3905 Boulevard Ave. Peoria Heights, IL 61616 USA

585-721-9181 dan@danreynoldsphotography.com 

1 

TABLE OF CONTENTS 

Page GLOSSARY OF 

ABBREVIATIONS...................................................................................3 

SUMMARY.................................................................................................

..........................4 

INTRODUCTION AND INTERESTS OF 

PETITIONER....................................................4 
BACKGROUND........................................................................................

............................4 

BASIS FOR 

PETITION...................................................................................................

......5 

NAME AND ADDRESS OF 

PETITIONER.........................................................................6 

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

REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY SEEKS 

EXEMPTION.............................................................................................

...............7 

THE EXTENT OF RELIEF DAN REYNOLDS AND DAN 

REYNOLDS PHOTOGRAPHY SEEKS AND THE REASON DAN 

REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY SEEKS THE 

RELIEF..............................................................10 

THE REASONS WHY GRANTING DAN REYNOLDS AND DAN 

REYNOLDS PHOTOGRAPHY’S REQUEST WOULD BE IN THE 

PUBLIC 

INTEREST ............................................................................................12 

THE REASONS WHY GRANTING THE EXEMPTION TO DAN 

REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY WOULD 

NOT ADVERSELY AFFECT 

SAFETY..............................................................14 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL 

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

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT DAN REYNOLDS AND DAN 

REYNOLDS PHOTOGRAPHY’s 

REQUEST..................................................25 
CONCLUSION...........................................................................................

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

APPENDICES......................................................................................... 

26 

2 

AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS NOTAM PIC Section 333 SO 

SOP UA UAS VFR VLOS VMC VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level Area of Interest

Air Traffic Control

Air Traffic Organization Aerial Vehicle 

Code of Federal Regulations Certificate of Authorization Federal 

Aviation Administration Federal Aviation Regulation Ground Control 

Station 

Global Positioning System Loss of Link

National Airspace System Notice to Airman 
Pilot In Command

FAA Modernization and Reform Act of 2012 (FMRA) Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing 

3 

SUMMARY 

Dan Reynolds and Dan Reynolds Photography seeks exemption from the 

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

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to 

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

Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA). This exemption will permit Dan Reynolds and Dan Reynolds 

Photography to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of 

construction sites, residential and commercial real estate, civil 

landscapes and events over certain areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Dan Reynolds photography is a startup company yet we possess the 

expertise and knowledge in video and multimedia marketing, 

advertising, public relations and training using advanced technologies 

and solutions. The objective of Dan Reynolds Photography and our 

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

provide a more affordable, high-quality production system for a variety 

of governmental, commercial, public, and residential uses, specifically 

targeting 
• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

• Training 

My staff has safely flown small RC electric quadcopters recreationally 

for approximately 1 year without incident. 

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3, UAS 

The Dan Reynolds Photography seeks an exemption to operate DJI 

Phantom 3 system for compensation or hire within the NAS. The 

DJI Phantom 3 is vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing 

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

maximum gross weight of approximately 2.8 lb. while having a 

diagonal dimension of 23.2”, a maximum speed of approximately 

16.4’fps and a maximum flying height of 400'. The DJI Phantom 3 
is equipped with four main rotors; driven by Lithium Polymer 

battery powered electric motors. 

4 

The DJI Phantom 3 that will be operated by Dan Reynolds Photography 

will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked 

in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. 

BASIS FOR PETITION 

Petitioner, Dan Reynolds and Dan Reynolds Photography, pursuant to 

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

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

333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom 3, 

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, Dan Reynolds 

and Dan Reynolds Photography’s operation of DJI Phantom 3 UAS 

meets the conditions of FMRA Section 333 and therefore, will not 

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

Subpart H. 

Accordingly, Dan Reynolds and Dan Reynolds Photography requests 

relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 
91.417(a) & (b), as these sections set forth requirements for maintenance 

that only apply to aircraft with an airworthiness certificate. 

Dan Reynolds and Dan Reynolds Photography submits that the 

requested relief is proper since an equivalent level of safety will be 

ensured. Dan Reynolds and Dan Reynolds Photography 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, Dan Reynolds and Dan Reynolds Photography will 

document and maintain all maintenance records for the DJI Phantom 3 

UAS. 

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

Private pilot privileges and limitations: Pilot in command, is requested 

by Dan Reynolds and Dan Reynolds Photography to the extent 

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

higher level certificate, and who has demonstrated, by meeting minimum 

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

operate the DJI Phantom UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Dan Reynolds and Dan Reynolds Photography seeks relief from Section 

91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 

UAS do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, Dan Reynolds and Dan Reynolds 

Photography submits that they will ensure that the DJI Phantom 3 UAS 

is in an airworthy condition, prior to every flight, by determining that the 

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

Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the 

aircraft are in a condition for safe flight. 
5 

Dan Reynolds and Dan Reynolds Photography also seeks an exemption 

from the requirements of Section 91.121, entitled Altimeter Settings, as 

the DJI Phantom 3 UAS will not have a typical barometric altimeter 

onboard. However, altitude information of the DJI Phantom 3 UAS will 

be provided to the PIC via Global Positioning System (GPS) equipment 

and radio communications telemetry data link, which downlinks from 

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

information, combined with Dan Reynolds and Dan Reynolds 

Photography operation of the DJI Phantom 3 UAS within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent 

to Section 91.121. 

Additionally, Dan Reynolds and Dan Reynolds Photography seeks an 

exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. Dan Reynolds and Dan 

Reynolds Photography submits that safety will not be affected by 

operation of the DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with 

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

minutes. Battery power indicators are also able to show exactly how 

much battery power is left, as well as how much time is needed to return 

safely back to point of take off. 

In accordance with 14 C.F.R. § 11.81, Dan Reynolds and Dan Reynolds 

Photography provides the following information in support of its petition 

for exemption: 

A. Name And Address Of The Petitioner. 

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

Dan Reynolds - Owner
3905 N Boulevard Ave. Peoria Heights, IL 61616

585-721-9181 dan@danreynoldsphotography.com

6 

B. The Specific Sections Of 14 C.F.R. From Which Dan Reynolds and 

Dan Reynolds Photography Seeks Exemption. 

1. Dan Reynolds and Dan Reynolds Photography 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. Dan Reynolds and Dan Reynolds Photography 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. Dan Reynolds and Dan Reynolds Photography Seeks Exemption 

From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the 

following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating-- 

(1) Below 18,000 feet MSL, to-- 

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) 

of this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure. 

7 

4. Dan Reynolds and Dan Reynolds Photography 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. Dan Reynolds and Dan Reynolds Photography 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. Dan Reynolds and Dan Reynolds Photography 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. Dan Reynolds and Dan Reynolds Photography Seeks Exemption 

From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). 

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

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

operate an 

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

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

has been approved for return to service by a person authorized by § 43.7 

of this chapter; or 
(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

8 

8. Dan Reynolds and Dan Reynolds Photography 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 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-- 

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 
(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis. 

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

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD 

or safety directive number and revision date. If the AD or safety 

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

action is required. 

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

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

propellers, and appliances. 

9 

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

periods prescribed: 

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

retained until the work is repeated or superseded by other work or for 1 

year after the work is performed. 

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

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

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

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 Dan Reynolds and Dan Reynolds Photography 

Seeks And The Reason Dan Reynolds and Dan Reynolds Photography 

Seeks The Relief. 
1. Extent Of Relief Dan Reynolds and Dan Reynolds Photography Seeks 

And The Reason Dan Reynolds and Dan Reynolds Photography Seeks 

Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges 

and limitations: Pilot in command, is requested to the extent necessary to 

allow a PIC holding a private pilot or higher level certificate, as well as a 

current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS 

flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 

61.113(a) and (b) state that a private pilot may, for compensation or hire, 

act as PIC of an aircraft in connection with any business or employment 

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

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

or hire. 

As set forth more fully below, Dan Reynolds and Dan Reynolds 

Photography submits that an equivalent level of safety will be 

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

3 UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either 

the DJI Phantom 3 UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and 

emergency maneuvers, as well as maintaining appropriate distances 

from people, vessels, vehicles and structures. 

Further, DAN REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY 

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 Dan 

Reynolds and Dan Reynolds Photography business; and (2) will not 

carry passengers or property for compensation or hire. 

10 
2. Extent Of Relief Dan Reynolds and Dan Reynolds Photography Seeks 

And The Reason Dan Reynolds and Dan Reynolds Photography 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 The Dan Reynolds and Dan 

Reynolds Photography to determine that the DJI Phantom 3 UAS are in 

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

compliance with the operating documents (i.e., Dan Reynolds and Dan 

Reynolds Photography Aerial Operations Manual, Monthly Maintenance 

Log, and DJI Phantom 3 Instruction Manual). 

The Dan Reynolds and Dan Reynolds Photography seeks the requested 

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

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

Dan Reynolds and Dan Reynolds Photography will ensure that the DJI 

Phantom 3 UAS are in airworthy condition based upon its compliance 

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

Phantom 3) prior to every flight, and further, determine that the aircraft 

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

below. 

3. Extent Of Relief T Dan Reynolds and Dan Reynolds Photography 

Seeks And The Reason Dan Reynolds and Dan Reynolds Photography 

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), Dan Reynolds and Dan Reynolds Photography 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 UAS are equipped with a barometric pressure sensor and 

GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the 

PIC with altitude information of the UA on the heads-up display of the 

GCS. 

4. Extent Of Relief Dan Reynolds and Dan Reynolds Photography Seeks 

And The Reason Dan Reynolds and Dan Reynolds Photography Seeks 

Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in 

VFR conditions, is requested to the extent required to allow flights of the 

battery powered DJI Phantom 3 UAS during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 23 minutes. Dan Reynolds and Dan Reynolds 

Photography seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the 

11 

battery powered DJI Phantom 3 UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that Dan 

Reynolds and Dan Reynolds Photography 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 T Dan 

Reynolds and Dan Reynolds Photography’s proposed operating 

limitations, ensure that Dan Reynolds and Dan Reynolds Photography 
will safely operate the battery powered DJI Phantom 3 UAS during 

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

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

of 23 minutes. 

5. Extent Of Relief Dan Reynolds and Dan Reynolds Photography Seeks 

And The Reason Dan Reynolds and Dan Reynolds Photography 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, 

Dan Reynolds and Dan Reynolds Photography requests relief from these 

Sections because the DJI Phantom 3 UAS do not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 UAS meet 

the conditions of FMRA Section 333 for operation without an 

airworthiness certificate. Accordingly, Dan Reynolds and Dan Reynolds 

Photography 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 Dan Reynolds and Dan Reynolds Photography Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual). Furthermore, Dan Reynolds and Dan Reynolds 

Photography will document and maintain all maintenance records for the 

DJI Phantom 3 UAS. 

D. The Reasons Why Granting Dan Reynolds and Dan Reynolds 

Photography 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 

T Dan Reynolds and Dan Reynolds Photography to safely, efficiently, 

and economically perform aerial video and photography of construction 

sites, real estate, events and civic landscape over certain areas of the 

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

the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of Dan Reynolds and Dan Reynolds 

Photography proposed operation of the DJI Phantom 3 UAS will be 

realized without implicating any privacy issues. 

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

The DJI Phantom 3 UAS are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the 

12 

amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 UAS would reduce the 

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

well as increase the safety of life and property in the air and on the 

ground. 

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

NAS, congestion around airports caused by arriving and departing 

aircraft will be reduced. The DJI Phantom 3 UAS do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer 

aircraft that must be handled by air traffic control during the ground, 

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

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

Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing 

the levels of air and noise pollution generated during traditional aerial 

video and still photography flight operations. By using battery power 

and electric motors, the DJI Phantom 3 UAS produce no air pollution, 
and is the most viable environmentally conscious alternative to the cabin 

class, six cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning approximately 

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

while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UAS are propelled by battery powered electric 

motors, rather than an internal combustion engine. 

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

substantial risk to life and property in the air and on the ground, which is 

usually associated with traditional manned aircraft flight operations, will 

be substantially reduced or completely eliminated. Aside from the lack 

of flight crew members located onboard the aircraft, the DJI Phantom 3 

UAS (weighing approximately 2.8 pounds at their maximum gross 

weight with diagonal dimension of 23.2 inches, and with no fuel on 

board), has less physical potential for collateral damage to life and 

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

that typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, 

and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 UAS Will Benefit The Economy. 

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

an economical alternative to using manned aircraft to conduct similar 

aerial operations. As such, operation of the DJI Phantom 3 UAS will 

allow United States based companies, like Dan Reynolds and Dan 

Reynolds Photography, 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 
13 

flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 3 UAS, companies such as Dan Reynolds 

and Dan Reynolds Photography, 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, Dan Reynolds and Dan Reynolds Photography’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 Dan Reynolds 

and Dan Reynolds Photography 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 Dan 

Reynolds and Dan Reynolds Photography. 

1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 
In consideration of the size, weight, speed, and limited operating area 

associated with the unmanned aircraft and its operation, T Dan Reynolds 

and Dan Reynolds Photography’s operation of the DJI Phantom 3 UAS 

meet the conditions of FMRA Section 333, and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. 

Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for considering 

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

otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, 

and not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this 

Act or the guidance required by section 334 of this Act. 

14 

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

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

minimum-- 

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

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

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

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

threat to national security; and 

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 
(c) Requirements for Safe Operation.--If the Secretary determines under 

this section that certain unmanned aircraft systems may operate safely in 

the national airspace system, the Secretary shall establish requirements 

for the safe operation of such aircraft systems in the national airspace 

system. 

In seeking this exemption, Dan Reynolds and Dan Reynolds 

Photography submits that the DJI Phantom 3 UAS can operate safely in 

the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

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

requirement; and (c) the specific operating limitations. 

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

Characteristics. 

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

the public, or otherwise pose a threat to national security considering its 

size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 3 UAS. 

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

the DJI Phantom 3 User Manual, attached hereto as Appendix A. 

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

To Remain Within A Defined Operational Area. 

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

positioning flight modes. A complete description of the flight and 

navigational modes of the DJI Phantom 3 UAS is provided at pages 11 

of the DJI Phantom 3 User Manual attached hereto as Appendix A. 

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

Home Point Or Hover In The Event Of Loss Of The Control Link Or 

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

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

Phantom 3 UAS does not reacquire control link data from the GCS, the 

UAS will assume that the Control Link is lost and the will return to the 

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

takeoff position and shutdown. 

15 

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

UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User 

Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight control software is provided at pages 23 

through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User 

Manual is attached hereto as Appendix A. 

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

Sight Of A Certificated Pilot in Command With A Safety Observer. 

Dan Reynolds and Dan Reynolds Photography video production staff 

will be the only persons to act as a pilot in command (PIC) of the DJI 

Phantom 3 UAS. Additionally, a safety observer will assist him at all 

times during flight time. 

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

Specific Operating Limitations. 

In seeking this exemption, Dan Reynolds and Dan Reynolds 

Photography proposes to commercially operate DJI Phantom 3 UAS for 

the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific 

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

following aircraft described in the operating documents, rotorcraft UAS 

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

Unmanned Aircraft Systems. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

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

operations for the purpose of aerial video and photography. 

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

knots. 

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

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

the operating documents unless a special request is made and approved 

by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the 

PIC at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the 

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. 

16 

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 pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/

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

limit requirements. 

17 

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

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total 

time in service, description of work accomplished, and the signature of 

the authorized person returning the UAS to service. 

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

manufacturer Safety Bulletins. 

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

the corrective action taken against discrepancies discovered between 

inspections. 

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

current third- class medical certificate. 

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

meets the operator’s qualification criteria and demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be 

operated under the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in 

a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes 
of training the operator’s PICs are permitted under the terms of the 

exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 C.F.R. 

§ 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 

C.F.R. § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). If flight at night is required, a special 

request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

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

reference point as denoted on a current FAA-published 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 pre- determined location within the planned operating area 

and land or be recovered in accordance with the operating documents. 

18 

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

emergencies in accordance with the operating documents. 
24. The PIC is prohibited from beginning a flight unless (considering 

wind and forecast weather conditions) there is enough power to fly at 

normal cruising speed to the intended landing point and land the UA 

with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require the 

operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All 

operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements. 

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

identified by serial number, registered in accordance with 14 C.F.R. part 

47, and have identification (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; 

19 

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 

(AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety. 
Dan Reynolds and Dan Reynolds Photography 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 Dan Reynolds and Dan Reynolds Photography’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, DAN REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY 

submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship 

skills necessary for DAN REYNOLDS AND DAN REYNOLDS 

PHOTOGRAPHY’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). 

Dan Reynolds and Dan Reynolds Photography 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 

20 

hours as a UAS pilot operating the same make and model of UAS to be 

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

requirements, the PIC must accomplish 3 takeoffs and landings in the 

preceding 90 days (for currency purposes). 

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

experience that was obtained in compliance with applicable regulations 

will ensure an equivalent level of safety during DAN REYNOLDS AND 

DAN REYNOLDS PHOTOGRAPHY’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 experiencebuilding 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, Dan Reynolds and Dan Reynolds Photography will ensure 

safe operations by not allowing any PIC to operate the DJI Phantom 3 

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

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

Phantom 3 UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 

91.7(a) Would Not Adversely Affect Safety. 

21 

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

maintained because prior to every flight, Dan Reynolds and Dan 

Reynolds Photography 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 UAS 

will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path and altitude. This 

altitude information, combined with Dan Reynolds and Dan Reynolds 

Photography’s operation of the DJI Phantom 3 UAS within visual line of 

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

to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero 

altitude initiation point is automatically established by the UAS at 

ground level. 

The FAA has previously granted relief from Section 91.121 specific to 

UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(b) Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety 

established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical 

specifications of the DJI Phantom 3 UAS; (2) the limitations on the 

proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, Dan Reynolds and Dan Reynolds Photography 

will ensure that it will safely operate the battery powered DJI Phantom 3 

UAS during daylight hours in VFR conditions, with enough battery 

power to fly for a total duration of 23 minutes. 
Here, as in Exemption No. 11109, the technical specifications of the DJI 

Phantom 3 UAS; the limitations on the proposed flight operations; and 

the location of the proposed operations, will ensure an equivalent level 

of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

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

visual warnings to the PIC at the GCS when the UAS experiences low 

battery voltage, the first warning occurring at approximately 33% 

remaining battery power, and again at approximately 10% remaining 

battery 

22 

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

descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less 

than the minimums prescribed in Section 91.151, including Exemption 

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in 

all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) 

Would Not Adversely Affect Safety. 

In seeking this exemption, Dan Reynolds and Dan Reynolds 

Photography 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 Dan Reynolds and Dan Reynolds Photography 
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., t Dan Reynolds 

and Dan Reynolds Photography Aerial Operations Manual, Monthly 

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

Dan Reynolds and Dan Reynolds Photography 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, Dan Reynolds and Dan Reynolds Photography 

will maintain the equivalent level of safety established by Sections 

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

User Manuals are attached hereto as Appendix A and B; a copy of the 

DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix 

C. 

Likewise, the exemption sought will not adversely affect safety because 

Dan Reynolds and Dan Reynolds Photography will use trained 

technicians to perform maintenance, alterations or preventive 

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

prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level 

of safety established by Sections 91.407, 91.417(a) and 91.417(b), 

because all maintenance of the DJI Phantom 3 UAS will be performed 

by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered. 

23 
In consideration of T Dan Reynolds and Dan Reynolds Photography’s 

proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 3 UAS, Dan Reynolds and Dan 

Reynolds Photography 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, 

DAN REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY 

requests that the FAA prescribe special conditions for the intended 

operation of the DJI Phantom 3 UAS, which contain such safety 

standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R §§ 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 Leading Edge’s 

intended operation of the DJI Phantom 3 UAS, which contain such 

safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R Sections 

24 

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

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

The Rules From Which T Dan Reynolds and Dan Reynolds Photography 

Seeks Exemption: 

The Dan Reynolds and Dan Reynolds Photography seeks exemption 

from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 

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

91.417(a) & (b). 
A Brief Description Of The Nature Of The Exemption Dan Reynolds 

and Dan Reynolds Photography Seeks: 

This exemption will permit Dan Reynolds and Dan Reynolds 

Photography 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 Dan Reynolds and Dan Reynolds Photography’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform 

Act of 2012 

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

determine if certain UAS may operate safely in the NAS. As such, Dan 

Reynolds and Dan Reynolds Photography’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, Dan Reynolds and Dan Reynolds 

Photography 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, Dan Reynolds and Dan Reynolds Photography 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 DAN 

REYNOLDS AND DAN REYNOLDS PHOTOGRAPHY to safely, 

efficiently, and economically operate the DJI Phantom 3 UAS 

commercially within the NAS. 

25 

WHEREFORE, in accordance with the Federal Aviation Regulations and 

the FAA Modernization and Reform Act of 2012, Section 333, Dan 

Reynolds and Dan Reynolds Photography respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements 

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

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

permit Leading Edge to operate the DJI Phantom 3 UAS commercially 

for the purpose of conducting aerial video and photography over certain 

areas of the United States. 

Dated: December 21, 2015 Respectfully submitted, 

Daniel Reynolds

Owner

Dan Reynolds Photography

3905 N Boulevard Ave. Peoria Heights, IL 61616

585-721-9181 dan@danreynoldsphotography.com 

Appendices:

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

http://download.dji- innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.2_en.pdf 
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