UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Paul L. Padgett DBA DTR RX

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 ADVANCED UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on Oct 28th 2015

Paul L Padgett (DBA) DTR RX

FAA Airman # 3353752

2827 NE 4

th St

Homestead, FL 33033

951-760-8156

dtrrx1@gmail.com
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................5

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.............................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Paul L. Padgett SEEKS

EXEMPTION.................................................................8

THE EXTENT OF RELIEF Paul L. Padgett SEEKS AND THE REASON Paul L.

Padgett SEEKS THE RELIEF.........................11

THE REASONS WHY GRANTING Paul L. Padgett’s REQUEST WOULD BE IN

THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................25

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......32

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT Paul L. Padgett’s REQUEST.........32

CONCLUSION....................................................................................................................33
3

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)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

Paul Lee Padgett seeks exemption from the requirements of 14 C.F.R §§ 61.113(a)

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

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

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Paul L.

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

conducting aerial video and photography of construction sites, real estate, motion picture,

and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Paul L. Padgett provides his clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Paul L.

Padgett has over 5 years experience flying recreationally as a UAS hobbyist. The objective

of Paul L. Padgett aerial video and photography operations shall be to operate UAS

commercially in the National Airspace for the following applications:

• Cinematography

• Search, Rescue, and Disaster Relief (Domestically)

• Sourcing GIS tagged aerial images for use in Computer Assisted Mass

Appraisal (CAMA) systems.

• Aerial surveyed inspections for the use of public and private property.

• Contributions to positively impact the UAS industry.

• Real Estate
5

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advanced UAS

Paul L. Padgett seeks an exemption to operate DJI Phantom 3 Advanced systems

for compensation or hire within the NAS. The DJI Phantom 3 Advanced is a vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Advanced

has a maximum gross weight 1280 grams, a length of 590 mm, and a maximum speed of

approximately 16 m/s. The DJI Phantom 3 Advanced UA is equipped with four main

rotors; with Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Advanced UA that will be operated by Paul L. Padgett 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, Paul L. Padgett, pursuant to the provisions of the Federal Aviation

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

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby

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

the National Airspace System (NAS), and for an exemption from the requirements of 14

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

91.409(a)(1) & (a)(2), and 91.417(a) & (b).
6

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, Paul L. Padgett’s operation of the DJI

Phantom 3 Advanced UAS meets the conditions of FMRA Section 333 and therefore, will

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

Accordingly, Paul L. Padgett 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.

Paul L. Padgett submits that the requested relief is proper since an equivalent level

of safety will be ensured. Paul L. Padgett 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, Parts Log, and DJI Phantom 3 Advanced Instruction Manual).

Furthermore, Paul L. Padgett will document and maintain all maintenance records for the

DJI Phantom 3 Advanced UAS.

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

privileges and limitations: Pilot in command, is requested by Paul L. Padgett to the extent

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

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

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

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

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.
7

Paul L. Padgett seeks relief from Section 91.7(a), entitled Civil aircraft

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

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

Padgett submits that he will ensure that the DJI Phantom 3 Advanced UAS is in an

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

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

Phantom 3 Advanced Instruction Manual), and that the aircraft are in a condition for safe

flight.

Paul L. Padgett also seeks an exemption from the requirements of Section 91.121,

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

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

Advanced 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

Paul L. Padgett’s operation of the DJI Phantom 3 Advanced UAS within visual line of

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Paul L. Padgett seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions. Paul L. Padgett submits

that safety will not be affected by operation of the DJI Phantom 3 Advanced 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 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.
8

In accordance with 14 C.F.R. § 11.81, Paul L. Padgett 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:

Paul L. Padgett FAA Airman # 3353752

2827 NE 4

th St

Homestead FL, 33033

951-760-8156

dtrrx1@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which Paul L. Padgett Seeks Exemption.

1. Paul L. Padgett 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. Paul L. Padgett 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.
9

3. Paul L. Padgett Seeks Exemption From The Requirements Of Section

91.121.

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

part:

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

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating--

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

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

within 100 nautical miles of the aircraft;

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

this section, the current reported altimeter setting of an appropriate

available station; or

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

departure airport or an appropriate altimeter setting available before

departure.

4. Paul L. Padgett 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. Paul L. Padgett 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. Paul L. Padgett 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:
10

(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. Paul L. Padgett 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. Paul L. Padgett 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.
11

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

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

last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

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

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

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

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

required.

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

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

propellers, and appliances.

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

prescribed:

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

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

work is performed.

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

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

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

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

approved for return to service.

C. The Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett Seeks

The Relief.

1. Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett

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
12

business or employment; and (2) The aircraft does not carry passengers or property for

compensation or hire.

As set forth more fully below, Paul L. Padgett submits that an equivalent level of

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

Advanced UAS unless that PIC has met certain flight-hour and currency requirements,

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

UAS in a manner consistent with the operations specifications as described in this

exemption, including evasive and emergency maneuvers, as well as maintaining

appropriate distances from people, vessels, vehicles and structures.

Further, Paul L. Padgett submits that all flights of the DJI Phantom 3 Advanced

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

Paul L. Padgett business; and (2) will not carry passengers or property for compensation or

hire.

2. Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett

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 Paul L. Padgett to determine that the DJI Phantom 3 Advanced

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

compliance with the operating documents (i.e., the Aerial Operations Manual, Monthly

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

Paul L. Padgett seeks the requested relief because the DJI Phantom 3 Advanced

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

Subpart H. Therefore, Paul L. Padgett will ensure that the DJI Phantom 3 Advanced UAS

are in airworthy condition based upon its compliance with the operating documents (i.e.,
13

Monthly Maintenance Log, and DJI Phantom 3 Advanced Instruction Manual) prior to

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

in the conditions and limitations below.

3. Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett

Seeks Relief From Section 91.121.

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

flight operations of the DJI Phantom 3 Advanced UAS, which 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), Paul L. Padgett seeks the

requested relief because the DJI Phantom 3 Advanced UAS 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 Advanced UAS is equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a ground level

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

information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett

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
14

Phantom 3 Advanced UAS during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first

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

4.5 minutes. Paul L. Padgett seeks the requested relief because without an exemption from

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

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

flight operations that Paul L. Padgett proposes to conduct pursuant to this Petition.

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

Advanced UAS, the DJI Phantom 3 Advanced operating documents, and Paul L. Padgett’s

proposed operating limitations, ensure that Paul L. Padgett will safely operate the battery

powered DJI Phantom 3 Advanced UAS during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a

total duration of 13.5 minutes to the first point of intended landing and, assuming normal

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

5. Extent Of Relief Paul L. Padgett Seeks And The Reason Paul L. Padgett

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, Paul L. Padgett requests relief from

these Sections because the DJI Phantom 3 Advanced UAS does not require airworthiness

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

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

Accordingly, Paul L. Padgett will use trained technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and
15

practices prescribed in the UAS operating documents (i.e., the Aerial Operations Manual,

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

Furthermore, Paul L. Padgett will document and maintain all maintenance records for the

DJI Phantom 3 Advanced UAS.

D. The Reasons Why Granting Paul L. Padgett 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 Paul L.

Padgett to safely, efficiently, and economically perform aerial video and photography of

construction sites, oil fields, real estate, motion picture, and landscape over certain areas of

the United States.

Additionally, use of the DJI Phantom 3 Advanced UAS will decrease congestion of

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

benefits of Paul L. Padgett’s proposed operation of the DJI Phantom 3 Advanced UAS will

be realized without implicating any privacy issues.

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

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

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain

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

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

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

increase the safety of life and property in the air and on the ground.

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

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

DJI Phantom 3 Advanced UAS does not require an airport to takeoff or land. Likewise, a
16

reduction of manned aircraft conducting aerial video and photography missions would

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

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

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

Phantom 3 Advanced UAS.

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

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and

noise pollution generated during traditional aerial video and still photography flight

operations. By using battery power and electric motors, the DJI Phantom 3 Advanced UAS

produce no air pollution, and is the most viable environmentally conscious alternative to

the cabin class, six cylinder internal combustion engine aircraft that are typically utilized

for aerial video and photography, while burning approximately 20-30 gallons per hour of

leaded aviation fuel. The DJI Phantom 3 Advanced 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 Advanced UAS to perform aerial acquisitions, the

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

associated with traditional manned aircraft flight operations, will be substantially reduced

or completely eliminated. Aside from the lack of flight crew members located onboard the

aircraft, the DJI Phantom 3 Advanced UAS (weighing approximately 1280 grams

respectively, and with no fuel on board), has less physical potential for collateral damage

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

typically conduct similar operations (weighing approximately 6,000 pounds with a

wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
17

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 Advanced UAS Will Benefit The Economy.

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

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

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

companies, like Paul L. Padgett, to remain competitive and contribute to growth of the

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

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S.

owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered DJI Phantom 3 Advanced UAS is one

such technology that not only allows companies greater operational flexibility compared to

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

traditional manned aircraft.

By operating the DJI Phantom 3 Advanced UAS, company owners such as Paul L.

Padgett, can remain competitive and profitable, and therefore, provide greater job stability

to employees and contractors, which will ultimately contribute to growth of the U.S.

economy. Improved financial performance of U.S. companies, through commercial use of

the DJI Phantom 3 Advanced UAS, provides a stable workforce that increases consumer

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

in research and development in order to remain competitive both in the United States and

abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Paul L. Padgett’s proposed operation of the DJI Phantom 3 Advanced UAS will
18

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

operated only in compliance with operating documents (i.e., the Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 3 Advanced 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 Paul L. Padgett Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Advanced 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, Paul L. Padgett’s operation of the DJI

Phantom 3 Advanced UAS meet the conditions of FMRA Section 333, and will not require

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

Section 333 provides authority for a UAS to operate without airworthiness

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

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

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

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

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

Transportation shall determine if certain unmanned aircraft systems may

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

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

section 334 of this Act.

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

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

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

size, weight, speed, operational capability, proximity to airports and
19

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, Paul L. Padgett submits that the DJI Phantom 3

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

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

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

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

Its Safe Characteristics.

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

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

speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Advanced UAS.

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

the DJI Phantom 3 Advanced Specifications and Data Sheet attached to this petition.

ii. The DJI Phantom 3 Advanced UAS Autonomous Flight And

Navigation Modes Enable The UAS To Remain Within A Defined

Operational Area.

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

autonomous flight modes. A complete description of the flight and navigational modes of
20

the DJI Phantom 3 Advanced UAS is provided in the DJI Phantom 3 Advanced User

Manual.

iii. The DJI Phantom 3 Advanced UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The

Control Link Or Navigation.

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

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

Advanced UAS do not reacquire control link data from the GCS, the UAS will assume that

the Control Link is lost and the UAS will return to the home position (i.e., failsafe mode)

via GPS, and will descend to the takeoff position and shutdown.

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

of the DJI Phantom 3 Advanced User Manual.

iv. The DJI Phantom 3 Advanced GCS And Its Operation.

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

Advanced GCS and flight control software of the DJI Phantom 3 Advanced User Manual.

a. Flight Operations of DJI Phantom 3 Advanced UAS Are Limited To The

Line Of Sight Of A Certificated Pilot in Command With A Safety

Observer.

Paul L. Padgett will only utilize certificated pilots who possess a current and valid

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

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

b. Flights of DJI Phantom 3 Advanced UAS Will Be Conducted Pursuant

To Specific Operating Limitations.

In seeking this exemption, Paul L. Padgett proposes to commercially operate DJI

Phantom 3 Advanced UAS for the special purpose of conducting aerial video and
21

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 Advanced 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 UAS 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.

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
22

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.

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.
23

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

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

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

exemption, including evasive and emergency maneuvers and maintaining

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

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

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

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

only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA

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

91.119.

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

1.1. All operations must be conducted under visual meteorological conditions

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

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

rules (SVFR) are not authorized.

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

denoted on a current 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 UAS 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.

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
24

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 UAS 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 UAS 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 UAS, flight operations must

cease immediately and/or;

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

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

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

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons

do not present an undue hazard to those persons per § 91.119(a).
25

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.

Paul L. Padgett 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 Advanced UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3

Advanced UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Considering Paul L. Padgett’s proposed area of operations, and the operating

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge

requirements and the airmanship skills necessary to safely operate the DJI Phantom 3

Advanced UAS, Paul L. Padgett submits that the additional manned airmanship experience

of a certificated private pilot would not correlate to the airmanship skills necessary for Paul

L. Padgett’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.
26

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

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

Paul L. Padgett will not allow any PIC to operate the DJI Phantom 3 Advanced

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

the DJI Phantom 3 Advanced UAS training and currency requirements, that the PIC is able

to safely operate the DJI Phantom 3 Advanced UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

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

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

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).

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

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

equivalent level of safety during Paul L. Padgett’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
27

exemption. For clarification, the FAA considers these minimum hour requirements

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purposes). The FAA finds that at a minimum, the flight-hour requirements

in Exemption No. 11062 are appropriate to practice and build proficiency in the

skills necessary to safely conduct the petitioner’s proposed operations. The FAA

also finds that prior documented flight experience that was obtained in compliance

with applicable regulations would satisfy this requirement. Training, proficiency,

and experience-building flights can also be conducted under the grant of exemption

to accomplish the required flight time. During training, proficiency, and

experience-building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Paul L. Padgett will ensure safe operations by not allowing any PIC

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

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

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

because prior to every flight, Paul L. Padgett will ensure that the DJI Phantom 3 Advanced

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).
28

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 Advanced 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 Paul L. Padgett’s operation of the DJI Phantom 3

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

safety equivalent to Section 91.121. 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 Advanced UAS; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Paul L. Padgett will ensure that

it will safely operate the battery powered DJI Phantom 3 Advanced UAS during daylight

hours in VFR conditions, with enough battery power to fly for a total duration of 13.5
29

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

Advanced 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 Advanced

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 25%

remaining battery power, and again at approximately 10% remaining battery power. At the

critically low battery level, the DJI Phantom 3 Advanced 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, Paul L. Padgett submits that the equivalent level of

safety with regard to the regulatory maintenance and alteration requirements established by
30

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met

because Paul L. Padgett will use trained technicians to perform maintenance, alterations, or

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

prescribed in the operating documents (i.e., the Aerial Operations Manual, Monthly

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

L. Padgett will document and maintain all maintenance records for the DJI Phantom 3

Advanced UAS.

Since the DJI Phantom 3 Advanced UAS will be inspected as prescribed by the

operating documents, Paul L. Padgett will maintain the equivalent level of safety

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Copies of the DJI

Phantom 3 Advanced UAS User Manuals are attached.

Likewise, the exemption sought will not adversely affect safety because Paul L.

Padgett 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 Advanced 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.
31

In consideration of Paul L. Padgett’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 Advanced UAS, Paul L.

Padgett 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, Paul L. Padgett requests that

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

Advanced UAS, which contain such safety standards that the Administrator finds

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

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special 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.
32

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

§ 21.16, for operation of the DJI Phantom 3 Advanced UAS, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards,

due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

because of a novel or unusual design feature of the aircraft, aircraft engine or

propeller, he prescribes special conditions and amendments thereto for the product.

The special conditions are issued in accordance with Part 11 of this chapter and

contain such safety standards for the aircraft, aircraft engine or propeller as the

FAA finds necessary to establish a level of safety equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.

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

may prescribe special conditions for Paul L. Padgett (DBA) DTR RX intended operation

of the DJI Phantom 3 Advanced UAS, which contain such safety standards that the

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

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

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

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

From Which Paul L. Padgett Seeks Exemption:

Paul L. Padgett 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 Paul L. Padgett Seeks:

This exemption will permit Paul L. Padgett to commercially operate an Unmanned

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

over certain areas of the United States.
33

G. Any Additional Information, Views, Or Arguments Available To Support Paul L.

Padgett’s Request.

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

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

UAS may operate safely in the NAS. As such, Paul L. Padgett’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, Paul L. Padgett will operate the DJI Phantom 3

Advanced UAS safely in the NAS, without creating a hazard to users of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Paul L. Padgett seeks an exemption pursuant to 14 C.F.R. §

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

which will permit safe operation of the DJI Phantom 3 Advanced UAS commercially,

without an airworthiness certificate, for the limited purpose of conducting aerial video and

photography over certain areas of the United States. By granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public, by allowing Paul L.
34

Padgett to safely, efficiently, and economically operate the DJI Phantom 3 Advanced UAS

commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Paul L. Padgett 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 Paul L. Padgett D.B.A. DTR Rx to

operate the DJI Phantom 3 Advanced UAS commercially for the purpose of conducting

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

Dated: October 28th, 2015

Respectfully submitted,

Paul L. Padgett

_________________________

Paul L. Padgett

 FAA Airman # 3353752

2827 NE 4

th St

Homestead, Florida 33033

Tel: (951) 760-8156

Email: dtrrx1@gmail.com

Appendices:

A – DJI Phantom 3 Advanced Specifications Data Sheet

B – DJI Phantom 3 Manufacturer’s User Manual
35

 APPENDIX – A