January, 29th 2016

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590 RE: Parker and Parker Photography REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phant om 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95) Parker Fuller, CEO at Parker and Parker Photography. CEO@ParkerFuller.neyt N4521 Westwi nd Ct. Freedom, WI 54130

1
TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS........................................................................... ........3
SUMMARY...................................................................................

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

............................. ........4
BASIS FORPETITION..........................................................................................

...............5
NAME AND ADDRESS OF PETITIONER.........................................................................6
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PARKER AND PARKER PHOTOGRAPHY SEEKS EXEMPTION.................................................................................... ........................7
THE EXTENT OF RELIEF PARKER AND PARKER PHOTOGRAPHY SEEKS AND THE RE ASON PARKER AND PARKER PHOTOGRAPHY SEEKS THE RELIEF..............................................................10
THE REASONS WHY GRANTING PARKER AND PARKER PHOTOGRAPHY’S REQUEST WOULD BE IN THE PUBLIC INTEREST

.......................................... ..................................................12
THE REASONS WHY GRANTING THE EXEMPTION TO PARKER AND PARKER PHOTOGRAPHY WOULD NOT ADVERSELY AFFECT SAFETY..............................................................14
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...................25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PARKER AND PARKER PHOTOGRAPHY’S REQUEST..................................................25
CONCLUSION.......................................

........................................... ...................................25 APPENDICES................................................................................... ...... 262

AGL AOIATCATOAVCFRCOAFAAFARGCS GPS LOLNAS NOTAM PIC Secti on 333 SO
SOP UA UAS VFR VLOS VMC VTOL
GLOSSARY OF ABBREVIATIONS
Above Ground Level Area of Interest Air Traffic ControlAir Traffic Organization Aerial Vehicle Code of Federal Regulations Certificate of Authorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss of Link National Airspace Syste m Notice to Airman
Pilot In Command FAA Modernizatio n and Reform Act of 2012 (FMRA) Safety Observer Standard Operating Procedures Un manned AircraftUnmanned Aircraft Syste m Visual Flight RulesVisual Line of SiteVisual Meteorological Conditions Vertical Takeoff and Landing
3
SUMMARY
Parker and Parker Photography seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System ( DJI Phantom 3) pursuant to Section 33 3 of the FAA Modernization and Reform Act of 2012 (FMRA). This exem ption will permit Parker and Parker Photography to operate an Unmanned Aircraft System (UAS) for the co mmercial purpose of conducting aerial video and photography of construction sites, res idential and commercial realestate, civil landscapes and events over certain areas of the United

States.
INTRODUCTION AND INTERESTS OF THE PETITIONER Parker and Parker Photography has for over 6 years provided their clients (which include private sector businesses and non

- profits, along with local state and federal agencies) with expertise and knowledge in video and m ultim edia marketing, and advertising. Parker and Parker Photography has worked on thousands of productions over the years in all types of l ocations with a perfect client and employee safety record. In the past we have supplied our clients aerial video and photography using commercial aircraft with a contracted licensed pilot. The objective of Parker and Parker Photography and our Unmanned Air craft System ( DJI Phantom 3) aerial operations is to provide a more affordable, high

- quality production system for a variety of governmental, commercial, public, and residential uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real

- estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

• BACKGROUND Unm anned Aircraft Systems: DJI Phantom 3, UAS Parker and Parker Photography seeks an exemption to operate DJI Ph antom

3 system for com

pensation or hire within the NAS. The DJI Phantom 3 is vertical takeoff andlanding (VTOL) Unmanned Aircraft (UA) with a Ground

Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximu m gross weight of approximately 2.8 lb. while having a diagonal dim ension of 23.2”, a maxim um speed of approximately 16.4’fps and a maxim

um flying height of 400'. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

4 The DJI Phantom 3 that will be operated by Parker and Parker Photography will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.
BASIS FOR PETITION Petitioner, Parker and Parker Photography, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Syste ms , hereby petitions the Administrator to co mmercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exem

ption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft an d its operation, Parker and Parker Photography operation of DJI Phantom 3 UAS
me ets 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, Parker and Parker Photography requests relief from

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for
ma intenance that only apply to aircraft with an airworthiness certificate.
Parker and Parker P hotography submits that the requested relief is proper since an equivalent level of safety will be ensured. Parker and Parker Photography will use experienced personnel or technicians to perform maintenance, alterations, or preventive
ma intenance on the UA S using the methods, techniques, and practices prescribed in the operating docum ents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Parker and Parker Photography will document and
ma intain all maintenance records for th e DJI Phantom 3 UAS. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Parker and Parker Photography 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 minimu m flight

hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner con sistent with this
exem ption, including evasive and emergency maneuvers and
ma intaining appropriate distances from people, vessels, vehicles and structures. Parker and Parker Photography seeks relief from Section 91.7(a), entitled Civil aircraft airworthin ess, because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Parker and Parker Photography submits that they will ensure that the DJI Phantom 3 UAS is in an airworthy condition, pr ior to every flight, by determining that the UAS are in compliance with the operating docum ents (i.e., Monthly Maintenance Log, and DJI Phantom 3Instruction Manual), and that the aircraft are in a condition for safe

flight.

5 Parker and Parker Photogr aphy also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active m onitoring of the flight path. This altitude inform ation, com

bined with Parker and Parker Photography’s operation of the DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Parker and Parker Photography seeks an exem ption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Parker and Parker Photography submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual
me teorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery po wer indicators are also able to show exactly how much battery power is left, as well as how
mu ch time is needed to return safely back to point of take off. In accordance with 14 C.F.R. § 11.81, Parker and Parker Photography provides the following inform at ion in support of its petition for exem

ption:
A. Na me And Address Of The Petitioner. The name and address of the Petitioner and point of contact is:Parker Fuller, CEO of Parker and Parker Photography

N4521 Westwind Ct. Freedom, WI 54130
920

- 851

- 8034 ce o@parkerfuller.net

B. The Specific Sections Of 14 C.F.R. Fro m Which Parker and Parker Photography Seeks Exemption. 1. Parker and Parker Photography Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pi lot 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 prop erty for compensation or hire; nor may that person, for
com pensation or hire, act as PIC of an aircraft. (b) A private pilot may, for co mp ensation 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
com pensation or hire. 2. Parker and Parker Photography Seeks Exemption From The Requirements Of Section 91.7(a).
Section 91. 7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.3. Parker and Parker Photography Seeks Exemption From The

Requirements Of Section 91.121.
S ection 91.121, entitled Alti meter 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 i s set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
7 4. Parker and Parker Photography Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a roto rcraft 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. Parker and Parker P hotography 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 subp art 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. Parker and Parker Photography Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive
ma intenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone
ma intenance, preventive ma intenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] 7. Parker and Parker Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person m ay operate an aircraft unles s, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.8

8. Parker and Parker Photography Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Mainten ance 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 sectio n: (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 Adm inistrator) 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 inform ation: (i) The total ti me in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited p arts of each airframe, engine, propeller, rotor, and appliance. (iii) The ti me 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, i ncluding the timesince 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 me thod of
com pliance, the AD or safety directive num ber 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 ma jor alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
9 (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this secti on 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 aircra ft 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 Parker and Parker Pho tography Seeks And The Reason Parker and Parker Photography Seeks The Relief. 1. Extent Of Relief Parker and Parker Photography Seeks And The Reason Parker and Parker Photography Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilotprivileges 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
com pensation 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 co mp ensation or hire, act as PIC of an aircraft in connection with any business or
em ploym ent if: (1) The flight is only incidental to that business or
em ploym ent; and (2) The aircraft does not carry passengers or property for compensation or hire.
As set forth more f

ully below, Parker and Parker Photography submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom

3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Parker and Parker Photography submits that all flights of the DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Parker and Parker Photography ’s business; and (2) will not carry passengers or property for compensation or hire.
10 2. Extent Of Relief Parker and Parker Photography Seeks And The Reason Parker and Parker Photography Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) e ntitled Civil aircraft airworthiness , isrequested to the extent required to allow Parker and Parker

Photography to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the ope rating docum ents (i.e., Parker and Parker Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Parker and Parker Photography seeks the requested relief because the DJI Phantom 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Parker and Parker Photography will ensure that the DJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating docum ents (i.e., Monthly Maintenanc e Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 3. Extent Of Relief Parker and Parker Photography Seeks And The Reason Parker and Parker Photography Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio c ommunications telemetry data link to downlink altitude inform ation 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), Parker and Parker Photography seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.
Consider ing 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. Asmo re fully set forth herein, an equivalent level of safety will be

ma intained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipm ent, which autom atically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude inform ation of the UA on the heads

- up display of the GCS. 4. Extent Of Relief Parker and Parker Photography Seeks And The Reason Parker and Parker Photography Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight i n VFR conditions , is requested to the extent required to allow flights of the battery powered DJI Phantom 3 UAS during daylight hours in visual m eteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Parker and Parker Photography seeks the requested relief because without an
exem ption from Section 91.151(b), the flight time duration of the
11 battery powered DJI Phantom 3 UAS will severely constrain the practicality of any aerial video or still photo flight op erations that Parker and Parker Photography proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and Parker and Parker Photography’s proposed operating limitations, ensure that Parker and Parker Photography will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes. 5. Extent Of Relief Parker and Parker Photography Seeks And The Reason Parker and Parker Photography Seeks Relief FromSections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And

91.417(a) & (b).
Since Section s 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, Parker and Parker Photography requests relief from these Sections because the DJI Phantom 3 UAS do not require airworthiness certificates. As set forth m ore fully below, the DJI Phantom 3 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Parker and Parker Photography will use trained technicians to perform
ma intenance, alte rations, or preventive maintenance on the UAS using the m ethods, techniques, and practices prescribed in the UAS operating docum ents (i.e., the Parker and Parker Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction M anual). Furthermore, Parker and Parker Photography will docum ent and maintain all maintenance records for the DJI Phantom 3 UAS. D. The Reasons Why Granting Parker and Parker Photography Request Would Be In The Public Interest; That Is, How It Would Benef it The Public As A Whole. Granting the present Petition will further the public interest by allowing Parker and Parker Photography to safely, efficiently, and
economically perform aerial video and photography of construction sites, real estate, events and civic landscape over certain areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Parker and Parker Photogr aphy’s proposed operation of the DJI Phantom 3 UAS will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of TheNAS.

The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and eco nomical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the
12

am ount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the amount o f m anned 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 num ber of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of
manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead of m anned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environm entally conscious alternative to the cabin class, six cylinder internal com

bustion engine aircraft that are typically utilized for aerial video and photography, while burning ap proxim ately 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aerialacquisitions, also eliminates noise pollution, as the UAS are

propelled by battery powered electric motors, rather than an inte rnal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substant ially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approxim ately 2.8 pounds at their maxim

um gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, co mpared to the manned aircraft that typically conduct similar operations (weighing approxim ately 6,000 pounds with a wingspan of approximatel y 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based com panies, like Park er and Parker Photography, to remain co mp etitive 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 com

panies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to
manned ai rcraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.By operating the DJI Phantom 3 UAS, companies such as Parker

and Parker Photography, can remain com petitive and profitable, and therefore, provide gr eater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Im

proved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 UAS, provides a stable workforce that increases consum er spending; improves local, state, and federal tax revenues; and allows companies to invest in research and developm ent in order to remain com petitive both in the United States and abroad. 4. There Are No Privacy Issues.
Similar to the manned aeri al acquisition flight operations that have been conducted for decades, Parker and Parker Photography’s proposed operation of the DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in com

plianc e with operating documents (i.e., Parker and Parker Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minim um altitude requirements of 14 C.F.R. § 91.119. E. The Reasons Why Granting The Exem ption Would Not Adversely Affect Safety, Or How The Exem ption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Parker and Parker Photography Seeks Exemption. 1. Reasons Why The DJI Phantom 3 UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, spee d, and limited operating area associated with the unm anned aircraft and its operation,Parker and Parker Photography’s operation of the DJI Phantom 3 UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordan ce 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 po se 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
unm anned aircraft systems may operate safely in the national airspace system before com pletion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.
14 (b) Assess ment of Unmanned Aircraft Systems.

-- In m aking the determination under subsection (a), the Secretary shall determine, at a minimu m
-- (1) which types of unm anned aircraft systems, if any, as a result of their size, weight, speed, operational cap ability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, cer tificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unm anned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determinesunder 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 seeki ng this exemption, Parker and Parker Photography submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Phantom 3 UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 3 UAS. The technical specifications of the DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto as Appendix A. ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description o f the flight and navigational modes of the DJI Phantom 3 UAS is provided at pages 11 of the DJI Phantom 3 User Manual attached hereto as Appendix A. iii. The DJI Phantom 3 UAS Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss O f The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 UAS will remainstationary, in flight, for 3 seconds or more. If, after 3 seconds, the

DJI Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will ass um e that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.
15 A complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, attached hereto as Appendix A. iv. The DJI Phantom 3 GCS And Its Operation. A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A. b. Flight Oper ations Of DJI Phantom 3 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Parker and Parker Photography video production staff will be the only persons to act as a pilot in co mmand (PIC) of the DJI Phantom 3 UA S. Additionally, a safety observer will assist him at all times during flight time. c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Parker and Parker Photography proposes to commerc ially operate DJI Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations. 1. Operations authorized by this grant of exem ption will be l im itedto the following aircraft described in the operating documents,

rotorcraft UAS weighing less than 55 pounds m aximu m gross weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a pet ition to amend this grant. 2. UAS operations under this exem ption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.
4. The UA m

ust be operat ed at an altitude of no m ore than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is
ma de and approved by ATC. All altitudes reported to ATC must be in feet AGL.
5. The UAS m

u st be operated within visual line of sight (VLOS) of the PIC at all ti mes. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.
6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.
16 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always
ma intains 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 PI C m ust ensure that the SO can perform the functions prescribed in the operatingdocum ents.

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 docum ents and the grant of exem ption m ust be accessible during UAS operations and made available to the Adm inistrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating docum ents, the conditions and limitations contained in the grant of exem ption take precedence and must be followed. Otherwise, the operator must follow the pro cedures as outlined in its operating documents. The operator may update or revise its operating docum ents. It is the operator’s responsibility to track such revisions and present updated and revised docum ents 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) m ay be contacted if questions arise regarding updates or revisions to the operating docum ents. 10. Prior to each flight the PIC m ust inspect the UAS to ensur e 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 cond ition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations m ust be properly documented in the aircraft records.11. Any UAS that has undergone m aintenance or alterations that

affect the UAS operation or flight characteristics, e.g. replacement of a flight critical com

ponent, m

ust undergo a functional test flight. The PIC who conducts the functional test flight m ust m ake an entry in the aircraft records. 12. The pre

- flight inspection m ust account for all potential discrepancies, e.g. inoperable com ponents, items, or equipm ent, not already covered in the relevant sections of the operating docum ents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
17 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating docum ents. Maintenance, inspection, alterations, and status of
re placement/overhaul com ponent 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 exemptio n m ust co mply 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 pil ot certificate and at least a current third

- class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC
me ets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consis tent with howthe UAS will be operated under the exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours m

ust 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 exem ption. 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 m ust 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
me teorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s
management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it m ust return to a pre

- determined location within the planned operating area and land or be recovered in accordance with the operating docum ents.18

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating docum ents. 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 exem ption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance w ith 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 m ust be identified by serial num

ber, registered in accordance wi th 14 C.F.R. part 47, and have identification (N

- Num ber) 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 m ust comply with the Federal Co mmunications Commission (FCC) or other appropriate governm ent 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 o f the UAS any time the UAS is operating. These documents must be
ma de available to the Administrator or any law enforcement official upon request.29. The UA must remain clear and yield the right of way to all

manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations m

ust be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator m ust ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations m ust cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owne r/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;
19 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

access property with permission from the land owner/controller or author ized 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 operation al area as defined bythe 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. Parker and Parker Photography submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained b ecause no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the
exem ptio n, including evasive and emergency maneuvers and
ma intaining appropriate distances from people, vessels, vehicles and structures. Considering Parker and Parker Photography’s proposed area of operations, and the operating limitations set forth

- above; the p arallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Parker and Parker Photography submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Parker and Parker Photography’s specific proposed flight operations. The FAA has previously granted relief from Se ction 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 1115 9, 11160, 11161).Parker and Parker Photography will not allow any PIC to operate

the DJI Phantom 3 UAS unless that PIC has demonstrated, by
me eting minimum flight

- hour requirements or the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exem ption, including evasive and emergency maneuvers and
ma intaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have acc umulated 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 minimu m of 5 hours of those
20 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).
As in Exem

ptio n Nos. 11062, 11138, and 11153, prior docum ented flight experience that was obtained in com pliance with applicable regulations will ensure an equivalent level of safety during Parker and Parker Photography’s proposed operations. The Administrator has held that prior docum ented flight experience that was obtained in com pliance 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 m otion pi cture filming (or sim ilar 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 t o 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 theexem

ption. For clarification, the FAA considers these min im um hour requirements to be inclusive rather than additive; i.e. 5 hours
make and model time may be included in the 10 hours of m ulti

rotor time and the 10 hours m ay be included in the total 25 hours of UAS rotorcraft time. In addition to the hour require me nts, the PIC m ust accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minim um , the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills ne cessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in com

pliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- bui lding 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, Parker and Parker Photography will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimu m flight

- hour and currency requ ire ments, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and
ma intaining appropriate distances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.
21 The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Parker and ParkerPhotography will ensure that th e DJI Phantom 3 UAS is in an airworthy condition based upon the UAS’s compliance with its operating docum ents 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 circu mstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude inform ation of the DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active m onitoring of the flight path and altitude. This altitude inform ation, combined with Parker and Parker Photography’s operation of the DJI Ph antom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circu ms tances similar, in all material respects, to those presented herein (e.g. Exem ption 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 exem ption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the propose d flight operations. Accordingly, Parker and Parker Photography will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 23 minutes.
Her e, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and ag ain at approximately 10% remaining battery
22 power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land autom atically. Significantly, previous exem ptions 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 aircr aft to operate at less than the minim um s prescribed in Section 91.151, including Exem

ption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circu mstances similar, in all material respects, to those presented herein (e.g. Exem ption 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, Parker and Parker Photography submits that the equivalent level of safety with regard to the regulatory
ma inte nance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Parker and Parker Photography will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the m ethods, techniques, and practices prescribed in the operating documents (i.e., Parker and Parker Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Parker and Parker Photography will docum ent and maintain all maintenance records for the DJI Phantom 3 UAS. Since the DJI Phantom 3 UAS will be inspected as prescribed by the operating documents, Parker and Parker Photography will
ma intain the equivalent level of s afety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exem

ption sought will not adversely affect safety because Parker and Parker Photography will use trained technicians to perform maintenance, alterations or preventive
ma intenance on the UAS using the methods, techniques, and practices prescribed by the operati ng docum ents. Furthermore, the exem

ption sought would m aintain an equivalent level of safety established by Sections 91.407, 91.417(a) and91.417(b), because all maintenance of the DJI Phantom 3 UAS will

be performed by trained technicians. Maintenance wi ll be docum ented and maintained utilizing the monthly maintenance log. Significantly, previous exem ptions 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 aff ected when the technical characteristics and operating limitations of the UAS are considered.
23 In consideration of Parker and Parker Photography ’s proposed operating limitations, the operating docum ents, and the technical aspects of the DJI Phantom 3 UAS, Parker and Parker Photography submits that safety will not be adversely affected by granting
exem ption 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. Exem ption 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 , Parker and Parker Photography requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to e stablish 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 permi t safe operation of the UASfor the limited purpose of conducting aerial video and photography

over certain areas of the United States for com pensation 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 o peration of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.
See 14 C.F .R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds
ne cessary 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
2461.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). • A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Parker and Parker Photography Seeks Exemption: Parker and Parker Photography seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief Description Of The Nature Of The Exemption Parker and Parker Photography Seeks: This exemption will permit Parker and Parker Photography to commercially operate an Un manned Ai rcraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. • Any Additional Inform ation, Views, Or Arguments Available To Support Parker and Parker Photography’s Request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Parker and Parker Photography’s request for
exem ption m ay 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, Parker and Parker Photography will

operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.
CONCLUSION As set forth herein, Parker and Parker Photography seeks an
exem ption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act o f 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petiti on, 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 Parker and Parker Photography to safely, efficiently, and econom ically ope rate the DJI Phantom 3 UAS co mmercially within the NAS.

25
WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Parker and Parker Photography respectfully requests that the Admini strator grant this Petition for an exem ption from

the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 U AS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: January 29, 2016, Respectfully submitted,

- Parker FullerCEO

Parker and Parker Photography Appendices: A

– Link to DJI Phantom 3 Manual: Click on link below http://download.dji

innovations.com

/downloads/phantom_3/en/Phantom _3_Profession al_User_Manual_v1.2_en.pdf