UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, 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 4th St Homestead, FL 33033 951
-760
-8156 dtrrx1@gmail.com2 **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...................................................................................................................
.333 **GLOSSARY OF**  **ABBREVIATIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code ofFederal Regulations COA Certificate ofAuthorization 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 Refor m Act of2012 (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 Landing4 **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 ofthe FAA Modernization and Reform Act of2012 (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 ofthe 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 ofPaul 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 ofpublic and private property
.

• Contributions to positively impact the UAS industry

.

• Real Estate5 **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 Aircraf t (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 ofAircraft, 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 ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraft 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Paul L. Padgett’s operation ofthe DJI Phantom 3 Advanced UAS meets the conditions ofFMRA 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 Privatepilot 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 ty pical barometric altimeter onboard. However, altitude information ofthe 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 ofthe flight path. This altitude information, combined with Paul L. Padgett’s operation ofthe 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 requirementsforflight in VFR conditions

. Paul L. Padgett submits that safety will not be affected by operation ofthe 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 ofthe Petitioner and point of contact is: Paul L. Padgett FAA Airman # 3353752 2827 NE 4th 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 employ ment if

— (1) The flight is only incidental to that business or employ ment; 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 ofthat 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 ofthe aircraft; (ii) Ifthere 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 ofthe 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 requirementsforflight in VFR conditions, subsection (b), states the following: (b ) No person may begin aflight in a rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enoughfuel tofly to thefirstpoint ofintended landing and, assuming normal cruising speed, to fly after thatfor 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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis 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 ofthis chapter[.] **7. Paul**  **L. Padgett**  **See ks**  **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) ofthis 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 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis 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) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 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 ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe 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 cur

rent inspection status ofthe 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. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis 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) ofthis 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) ofthis 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. Pa** **dgett Seeks**  **Relief From**  **Section 61.113(a)**  **And (b).**  Relief from Section 61.113(a) and (b) entitled Privatepilotprivileges 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 employ ment if: (1) The flight is only incidental to that12 business or employ

ment; 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 ofthe DJI Phantom 3 Advanced UAS, conducted by the PIC pursuant to the grant ofthis 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 Re** **lief Paul**  **L. Padgett**  **Seeks And**  **The Reason**  **Paul L.**  **Pa dgett** 

**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 reliefbecause 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. Pa** **dgett Seeks**  **Relief From**  **Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe 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 reliefbecause 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 ofthe 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 ofthe UA on the heads

-up display ofthe GCS. **4. Extent**  **Of Relief**  **Paul L.**  **Padgett Seeks**  **And The**  **Reason Paul**  **L. Pa** **dgett 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 ofthe battery powered DJI14 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 reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe 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 ofthe 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**  **Rea son**  **Paul L.**  **Pa dgett**  **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 ofFMRA 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, and15 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 ofthe DJI Phantom 3 Advanced UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofPaul L. Padgett’s proposed operation ofthe 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 ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Advanced UAS would reduce the amount ofmanned 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 ofmanned 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, a16 reduction ofmanned 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**  **Th e**  **Safety And**  **Efficiency Of**  **Th e**  **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 ty pically 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 ty pically 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 P** **hotography 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 ofthe DJI Phantom 3 Advanced UAS will allow United States based companies, like Paul L. Padgett, to remain competitive and contribute to growth ofthe 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 greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S.
economy. Improved financial performance ofU.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 ofthe DJI Phantom 3 Advanced UAS will18 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. Pa** **dgett 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 ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Paul L. Padgett’s operation ofthe DJI Phantom 3 Advanced UAS meet the conditions ofFMRA 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 ofthe 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 ofthis subtitle, and not later than 180 days after the date ofenactment ofthis Act, the Secretary of Transportation shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace s ystem before completion oftheplan and rulemaking required by section 332 ofthis Act or the guidance required by section 334 ofthis Act. (b ) Assessment ofUnmannedAircraft Systems.

--In making the determination under subsection (a

), the Secretary shall determine, at a minimum

-- (1 ) Which types ofunmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports and19 populated areas, and operation within visual line ofsight do not create a hazard to users ofthe national airspace system or thepublic orpose a threat to national security; and (2 ) Whether a certificate ofwaiver, certificate ofauthorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1 ). (c) Requirementsfor Safe Operation.

--Ifthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirementsfor the safe operation ofsuch 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 ofthe 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 ofthe 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 ofthe 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 ofthe flight and navigational modes of20 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 takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 Advanced ofthe DJI Phantom 3 Advanced User Manual

.

**iv. The**  **DJI Phantom**  **3 Advanced**  **GCS And**  **Its Operation.**  A complete description ofthe operation and specifications ofthe DJI Phantom 3 Advanced GCS and flight control software ofthe DJI Phantom 3 Advanced User Manual.

**a .**  **Flight Operations**  **of DJI**  **Phantom 3**  **Advanced UAS**  **Are Lim** **ited 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) ofthe 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 and21 photography over certain areas ofUnited 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 ofno 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) ofthe 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 ofthe 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 as22 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. Ifthe 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. Ifthe inspection reveals a condition that af fects the safe operation ofthe 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 ofthe 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 ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe 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 ofthe 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 oftraining the operator’s PICs are permitted under the terms ofthe 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. Ifthe 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 ofunpredicted 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 ofWaiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice24 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 ofthe 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 ofthe 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 ofway 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 suf ficiently 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 ofthe 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 ofthe 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 ofthe 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 Requirem** **ents 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 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. Considering Paul L. Padgett’s proposed area of operations, and the operating limitations set forth

-above; the parallel nature ofprivate 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, 1 1063, 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 oftotal time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose 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 ofmotion 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 ofUAS to be used for operations under the27 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 ofmulti

-rotor time and the 10 hours may be included in the total 25 hours ofUAS 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 saf ety established by Section 91.121 will be maintained because the altitude information ofthe 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 ofthe flight path and altitude. This altitude information, combined with Paul L. Padgett’s operation ofthe 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 ofthis exemption would ensure an equivalent level of safety esta blished by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications ofthe DJI Phantom 3 Advanced UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe 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 13.529 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 ofthe DJI Phantom 3 Advanced UAS; the limitations on the proposed flight operations; and the location ofthe 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 ofthe UAS are considered. Reliefhas 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 Requiremen** **ts 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 by30 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 ofthe 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 ofthe 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 ofthe UAS are considered.31 In consideration ofPaul L. Padgett’s proposed operating limitations, the operating documents, and the technical aspects ofthe 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 Conditi** **ons For**  **Safe Operation.**  In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (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 ofthe 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 ofthe UAS for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe 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 ofthe UAS in the NAS.32 Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe 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 ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature ofthe 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 ofthis 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 ofthe 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.**  **Pa dgett**  **Seeks Exemption:**  Paul L. Padgett seeks exemptionfrom the requirements of14 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 willpermit Paul L. Padgett to commercially operate an Unmanned Aircraft System (

UAS )for thepurpose ofconducting aerial video andphotography over certain areas ofthe United States.33 **G. Any**  **Additional Information,**  **Views, Or**  **Arguments Avail** **able To**  **Support Paul**  **L. Padgett** ’**s Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (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 ofFMRA 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 ofthe 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 ofthe 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 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 Advanced UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe 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 of2012, 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 ofthe United States. Dated: October 28th, 2015

Respectfully submitted, Paul L. Padgett

_________________________ Paul L. Padgett FAA Airman # 3353752 2827 NE 4th 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 Manual35 APPENDIX

– A