January, 29th 2016

Attn:U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-1401200 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 REGULATIONSSECTIONS 61.113(a) & (b), 

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

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

OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OFTHE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95) 

Parker Fuller,CEO at Parker and Parker Photography. 

CEO@ParkerFuller.neyt N4521 Westwind Ct. Freedom, WI 54130 

1 

TABLE OF CONTENTS 

Page GLOSSARY OF 

ABBREVIATIONS...........................................................................

........3 

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

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

INTRODUCTION AND INTERESTS OF 

PETITIONER....................................................4 

BACKGROUND...............................................................................

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

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

...............5 

NAME AND ADDRESS OF 

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

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

PARKER AND PARKER PHOTOGRAPHY SEEKS 

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

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

THE EXTENT OF RELIEF PARKER AND PARKER 

PHOTOGRAPHY SEEKS AND THE REASON 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...................................................................................

...... 26 
2 

AGLAOIATCATOAVCFRCOAFAAFARGCS

GPSLOLNAS NOTAM PIC Section 333 SO 

SOP UA UAS VFR VLOS VMC VTOL 

GLOSSARY OF ABBREVIATIONS 

Above Ground Level Area of InterestAir 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 LinkNational Airspace 

System Notice to Airman 

Pilot In CommandFAA Modernization and Reform Act of 2012 

(FMRA) Safety ObserverStandard Operating 

ProceduresUnmanned AircraftUnmanned Aircraft 

SystemVisual Flight RulesVisual Line of SiteVisual 

Meteorological ConditionsVertical 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 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit Parker 

and Parker Photography to operate an Unmanned Aircraft System 

(UAS) for the commercial purpose of conducting aerial video and 

photography of construction sites, residential and commercial real 
estate, civil landscapes and events over certain areas of the United 

States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

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 multimedia marketing, and advertising. 

Parker and Parker Photography has worked on thousands of 

productions over the years in all types of locations 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 Aircraft System (DJI Phantom 3) 

aerial operations is to provide a more affordable, high-quality 

production system for a variety of governmental, commercial, 

public, and residential uses, specifically targeting 

• Construction sites before and after 

• Appraisals 

• Real-estate marketing 

• Economic development 

• Civic landmarks 

• Special event coverage 

• Private and governmental training 

• BACKGROUND Unmanned Aircraft Systems: DJI Phantom 

3, UAS Parker and Parker Photography seeks an exemption 

to operate DJI Phantom 3 system for compensation or hire 

within the NAS. The DJI Phantom 3 is vertical takeoff and 
landing (VTOL) Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 3 has a maximum gross 

weight of approximately 2.8 lb. while having a diagonal 

dimension of 23.2”, a maximum speed of approximately 

16.4’fps and a maximum flying height of 400'. The DJI 

Phantom 3 is equipped with four main rotors; driven by 

Lithium Polymer battery powered electric motors. 

4 

The DJI Phantom 3 that will be operated by 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 

Systems, hereby petitions the Administrator to commercially 

operate the DJI Phantom 3, UAS in the National Airspace System 

(NAS), and for an exemption from the requirements of 14 C.F.R 

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

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

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

area associated with the unmanned aircraft and its operation, 

Parker and Parker Photography operation of DJI Phantom 3 UAS 

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

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

Part 21, Subpart H. 
Accordingly, 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 

maintenance that only apply to aircraft with an airworthiness 

certificate. 

Parker and Parker Photography 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 

maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Instruction Manual). 

Furthermore, Parker and Parker Photography will document and 

maintain all maintenance records for the DJI Phantom 3 UAS. 

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

entitled Private pilot privileges and limitations: Pilot in command, 

is requested by 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 minimum flighthour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom UAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles 

and structures. 

Parker and Parker Photography seeks relief from Section 91.7(a), 

entitled Civil aircraft airworthiness, because the DJI Phantom 3 

UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. As such, Parker and Parker 

Photography submits that they will ensure that the DJI Phantom 3 

UAS is in an airworthy condition, prior to every flight, by 

determining that the UAS are in compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 
Instruction Manual), and that the aircraft are in a condition for safe 

flight. 

5 

Parker and Parker Photography also seeks an exemption from the 

requirements of Section 91.121, entitled Altimeter Settings, as the 

DJI Phantom 3 UAS will not have a typical barometric altimeter 

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

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

equipment and radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the 

flight path. This altitude information, combined with 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 exemption 

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 

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

with enough battery power to fly for a total duration of 

approximately 23 minutes. Battery power indicators are also able 

to show exactly how much battery power is left, as well as how 

much time is needed to return safely back to point of take off. 

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

Photography provides the following information in support of its 

petition for exemption: 

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner and point of contact is: 
Parker Fuller,CEO of Parker and Parker Photography

N4521 Westwind Ct. Freedom, WI 54130

920-851-8034 ceo@parkerfuller.net 

B. The Specific Sections Of 14 C.F.R. From 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 pilot privileges and limitations: 

Pilot in command, subsections (a) and (b) prescribe the following, 

in relevant part: 

(a) No person who holds a private pilot certificate may act as a 

pilot in command (PIC) of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for 

compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if—

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

and 

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

compensation or hire. 

2. 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. 

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

the following, in part: 

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

altitude or flight level of that aircraft, as the case may be, by 

reference to an altimeter that is set, when operating--

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

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

route and within 100 nautical miles of the aircraft; 

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

(a)(1)(i) of this section, the current reported altimeter setting of an 

appropriate available station; or 

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

elevation of the departure airport or an appropriate altimeter setting 

available before departure. 

7 

4. 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 rotorcraft under VFR 

conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at 

least 20 minutes. 

5. Parker and Parker Photography Seeks Exemption From The 

Requirement Of Section 91.405(a). 
Section 91.405, entitled Maintenance required, subsection (a), 

states the following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of 

this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter[.] 

6. Parker and Parker Photography Seeks Exemption From The 

Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive 

maintenance, rebuilding, or alteration, subsection (a)(1), states the 

following: 

(a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration 

unless--

(1) It has been approved for return to service by a person 

authorized under § 43.7 of this chapter[.] 

7. 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 may operate an 

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

--

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

and has been approved for return to service by a person authorized 

by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 
8 

8. Parker and Parker Photography Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and 

(b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 

91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and 

alteration and records of the 100-hour, annual, progressive, and 

other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

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

Administrator) of the work performed; and 

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

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

the aircraft for return to service. 

(2) Records containing the following information: 

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

propeller, and each rotor. 

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

propeller, rotor, and appliance. 

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

aircraft which are required to be overhauled on a specified time 

basis. 

(iv) The current inspection status of the aircraft, including the time 
since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained. 

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

and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision date. 

If the AD or safety directive involves recurring action, the time and 

date when the next action is required. 

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

each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances. 

9 

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

periods prescribed: 

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

be retained until the work is repeated or superseded by other work 

or for 1 year after the work is performed. 

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

be retained and transferred with the aircraft at the time the aircraft 

is sold. 

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

under § 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service. 

C. The Extent Of Relief Parker and Parker Photography 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 pilot 
privileges and limitations: Pilot in command, is requested to the 

extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency 

requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 

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

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

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

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

property for compensation or hire. 

As set forth more fully below, 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) entitled Civil aircraft airworthiness, is 
requested 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 operating documents (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 documents (i.e., Monthly Maintenance Log, and DJI 

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

aircraft are in condition for safe flight, as stated in the conditions 

and limitations below. 

3. Extent Of Relief 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 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), 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. 

Considering the limited altitude of the proposed operations, relief 

from 14 CFR 91.121 is sought to the extent necessary to comply 

with the applicable conditions and limitations stated below. As 
more fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 UAS are equipped with a 

barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be 

established prior to each flight, and provides the PIC with altitude 

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

4. Extent Of Relief 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 

in VFR conditions, is requested to the extent required to allow 

flights of the battery powered DJI Phantom 3 UAS during daylight 

hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 23 minutes. Parker and

Parker Photography seeks the requested relief because without an 

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

11 

battery powered DJI Phantom 3 UAS will severely constrain the 

practicality of any aerial video or still photo flight operations that 

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 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, Parker and Parker Photography requests relief from

these Sections because the DJI Phantom 3 UAS do not require 

airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 UAS meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Parker 

and Parker Photography will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., the Parker and Parker Photography 

Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Instruction Manual). Furthermore, Parker and Parker 

Photography will document 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 

Benefit 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 

Photography’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 The 
NAS. 

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

efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the 

12 

amount of manned aircraft needed to perform aerial acquisitions, 

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

reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, as well as increase the safety of life and property in 

the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating 

in the NAS, congestion around airports caused by arriving and 

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

require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions 

would result in fewer aircraft that must be handled by air traffic 

control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations. 

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

The DJI Phantom 3 UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 UAS, 

instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight 

operations. By using battery power and electric motors, the DJI 

Phantom 3 UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically 

utilized for aerial video and photography, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The 

DJI Phantom 3 UAS, while reducing the carbon footprint of aerial 
acquisitions, also eliminates noise pollution, as the UAS are 

propelled by battery powered electric motors, rather than an 

internal combustion engine. 

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

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

which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. 

Aside from the lack of flight crew members located onboard the 

aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 

pounds at their maximum gross weight with diagonal dimension of 

23.2 inches, and with no fuel on board), has less physical potential 

for collateral damage to life and property on the ground, and in the 

air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan 

of approximately 42 feet, a length of 34 feet, and a fuel capacity of 

180 gallons). 

3. Performing Aerial Video and Photography Operations With The 

DJI Phantom 3 UAS Will Benefit The Economy. 

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

also an economical alternative to using manned aircraft to conduct 

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

UAS will allow United States based companies, like Parker and 

Parker Photography, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) 

regulatory actions phasing out leaded aviation fuels, U.S. owned 

and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery 

powered DJI Phantom 3 UAS is one such technology that not only 

allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 
By operating the DJI Phantom 3 UAS, companies such as Parker 

and Parker Photography, can remain competitive and profitable, 

and therefore, provide greater job stability to employees and 

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

economy. Improved financial performance of U.S. companies, 

through commercial use of the DJI Phantom 3 UAS, provides a 

stable workforce that increases consumer spending; improves 

local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive 

both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have 

been conducted for decades, 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 compliance 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 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 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, speed, and limited operating 

area associated with the unmanned 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 accordance with 14 C.F.R. 

Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for 

considering whether a UAS will create a hazard to users of the 

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

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

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

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

this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking 

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

section 334 of this Act. 

14

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

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

at a minimum--

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

their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

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

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines 
under this section that certain unmanned aircraft systems may 

operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft 

systems in the national airspace system. 

In seeking this exemption, 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 of the 

flight and navigational modes of the DJI Phantom 3 UAS is 

provided at pages 11 of the DJI Phantom 3 User Manual attached 

hereto as Appendix A. 

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

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

Link Or Navigation. 

When the Control Link is lost, the DJI Phantom 3 UAS will remain 
stationary, in flight, for 3 seconds or more. If, after 3 seconds, the 

DJI Phantom 3 UAS does not reacquire control link data from the 

GCS, the UAS will assume that the Control Link is lost and the 

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

will descend to the takeoff position and shutdown. 

15 

A complete description of the Failsafe Functions of the DJI 

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

Phantom 3 User Manual, attached hereto as Appendix A. 

iv. The DJI Phantom 3 GCS And Its Operation. 

A complete description of the operation and specifications of the 

DJI Phantom 3 GCS and flight control software is provided at 

pages 23 through 29 of the DJI Phantom 3 User Manual. DJI 

Phantom 3 User Manual is attached hereto as Appendix A. 

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

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

Observer. 

Parker and Parker Photography video production staff will be the 

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

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

all times during flight time. 

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

Specific Operating Limitations. 

In seeking this exemption, Parker and Parker Photography 

proposes to commercially operate DJI Phantom 3 UAS for the 

special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific 

operating limitations. 

1. Operations authorized by this grant of exemption will be limited 
to the following aircraft described in the operating documents, 

rotorcraft UAS weighing less than 55 pounds maximum gross 

weight: DJI Phantom 3 Unmanned Aircraft Systems. Proposed 

operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2. UAS operations under this exemption will be limited to 

conducting operations for the purpose of aerial video and 

photography. 

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

20 knots. 

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

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

specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be 

in feet AGL. 

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

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

vision unaided by any device other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer 

(SO) is not permitted. 

16 

7. All operations must utilize a safety observer (SO). The SO may 

be used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting 

is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that 

the SO can perform the functions prescribed in the operating 
documents. 

8. The SO must not perform any other duties beyond assisting the 

PIC with seeing and avoiding other air traffic and other ground 

based obstacles/obstructions and is not permitted to operate the 

camera or other instruments. 

9. The operating documents and the grant of exemption must be 

accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions 

and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If 

the operator determines that any update or revision would affect 

the basis upon which the FAA granted the exemption, then the 

operator must petition for amendment to its grant of exemption. 

The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating 

documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that 

it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has 

been performed and the UAS is found to be in a condition for safe 

flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records. 
11. Any UAS that has undergone maintenance or alterations that 

affect the UAS operation or flight characteristics, e.g. replacement 

of a flight critical component, must undergo a functional test flight. 

The PIC who conducts the functional test flight must make an 

entry in the aircraft records. 

12. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, 

not already covered in the relevant sections of the operating 

documents. 

13. The operator must follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

17 

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

record keeping requirements, in accordance with the operating 

documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning 

the UAS to service. 

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

manufacturer Safety Bulletins. 

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

of the corrective action taken against discrepancies discovered 

between inspections. 

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

least a current third- class medical certificate. 

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

meets the operator’s qualification criteria and demonstrates the 

ability to safely operate the UAS in a manner consistent with how 
the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. PIC qualification 

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

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

are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate 

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

91.119. 

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

in 14 C.F.R. § 1.1. All operations must be conducted under visual 

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

special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) 

are not authorized. 

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

reference point as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made 

available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less 

than 2,000 feet horizontally from a cloud or when visibility is less 

than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must 

return to a pre- determined location within the planned operating 

area and land or be recovered in accordance with the operating 

documents. 
18 

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

obstacles or emergencies in accordance with the operating 

documents. 

24. The PIC is prohibited from beginning a flight unless 

(considering wind and forecast weather conditions) there is enough 

power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. 

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

issued Certificate of Waiver or Authorization (COA) prior to 

conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in 

accordance with airspace requirements in the ATO issued COA 

including class of airspace, altitude level and potential transponder 

requirements. 

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

identified by serial number, registered in accordance with 14 

C.F.R. part 47, and have identification (N- Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

27. Before conducting operations, the radio frequency spectrum 

used for operation and control of the UA must comply with the 

Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 

must be available to the PIC at the Ground Control Station of the 

UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement 

official upon request. 
29. The UA must remain clear and yield the right of way to all 

manned aviation operations and activities at all times. 

30. The UAS may not be operated by the PIC from any moving 

device or vehicle. 

31. Flight operations must be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC, SO, operator 

trainees or essential persons), vessels, vehicles, and structures 

unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of 

an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately and/or; 

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

where the owner/controller of such vessels, vehicles or structures 

has granted permission and the PIC has made a safety assessment 

of the risk of operating closer to those objects and determined that 

it does not present an undue hazard, and; 

19 

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

persons do not present an undue hazard to those persons per § 

91.119(a). 

32. All operations shall be conducted over private or controlledaccess property with permission from the land owner/controller or 

authorized representative. Permission from land owner/controller 

or authorized representative will be obtained for each flight to be 

conducted. 

33. Any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by 
the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of 

Section 61.113(a) And (b) Would Not Adversely Affect Safety. 

Parker and Parker Photography submits that the equivalent level of 

safety established by Section 61.113(a) and (b) will be maintained 

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

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

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

the DJI Phantom 3 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles 

and structures. 

Considering Parker and Parker Photography’s proposed area of 

operations, and the operating limitations set forth-above; the 

parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See 

Exemption No. 11062); and the airmanship skills necessary to 

safely operate the DJI Phantom 3 UAS, 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 Section 61.113(a) and 

(b) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 

11161). 
Parker and Parker Photography will not allow any PIC to operate 

the DJI Phantom 3 UAS unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the DJI Phantom 3 

UAS training and currency requirements, that the PIC is able to 

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

this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles 

and structures. 

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

manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time 

as a UAS rotorcraft pilot (with a minimum of 5 hours of those 

20 

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

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

hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

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

flight experience that was obtained in compliance with applicable 

regulations will ensure an equivalent level of safety during Parker 

and Parker Photography’s proposed operations. The Administrator 

has held that prior documented flight experience that was obtained 

in compliance with applicable regulations would ensure safe 

operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to 

conducting operations for the purpose of motion picture filming (or 

similar operations), the PIC must have accumulated and logged, in 

a manner consistent with 14 CFR 61.51(b), 25 hours of total time 

as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi-rotor UAS. Prior to operations under 

Exemption No. 11062, the PIC must also have accumulated and 

logged a minimum of 5 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the 
exemption. For clarification, the FAA considers these minimum

hour requirements to be inclusive rather than additive; i.e. 5 hours 

make and model time may be included in the 10 hours of multirotor time and the 10 hours may be included in the total 25 hours 

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

PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are 

appropriate to practice and build proficiency in the skills necessary 

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

also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy 

this requirement. Training, proficiency, and experience-building 

flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the 

UA with appropriate distances in accordance with 14 C.F.R 

91.119. 

Exemption No. 11138 at page 15. 

Accordingly, 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 minimum 

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

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

the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles 

and structures. 

3. Reasons Why An Exemption From The Requirements Of 

Section 91.7(a) Would Not Adversely Affect Safety. 

21 

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

be maintained because prior to every flight, Parker and Parker 
Photography will ensure that the DJI Phantom 3 UAS is in an 

airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations 

herein. 

Additionally, the FAA has previously granted relief from Section 

91.7(a) specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

4. Reasons Why An Exemption From The Requirements Of 

Section 91.121 Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will 

be maintained because the altitude information of the DJI Phantom 

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

communications telemetry data link, which downlinks from the 

UA to the GCS for active monitoring of the flight path and 

altitude. This altitude information, combined with Parker and 

Parker Photography’s operation of the DJI Phantom 3 UAS within 

visual line of sight, at or below 500 feet AGL, will ensure a level 

of safety equivalent to Section 91.121. The altitude information 

will be generated by GPS equipment installed onboard the aircraft. 

Prior to each flight, a zero altitude initiation point is automatically 

established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 

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

to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of 

Section 91.151(b) Would Not Adversely Affect Safety. 
A grant of this exemption would ensure an equivalent level of 

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

the technical specifications of the DJI Phantom 3 UAS; (2) the 

limitations on the proposed flight operations; and (3) the location 

of the proposed flight operations. Accordingly, 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. 

Here, as in Exemption No. 11109, the technical specifications of 

the DJI Phantom 3 UAS; the limitations on the proposed flight 

operations; and the location of the proposed operations, will ensure 

an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 

3 UAS provide audible and visual warnings to the PIC at the GCS 

when the UAS experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery power, and 

again at approximately 10% remaining battery 

22 

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

will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning 

Section 91.151 establish that safety is not adversely affected when 

the technical characteristics and operating limitations of the UAS 

are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, 

including Exemption Nos. 2689, 5745, and 10650. Moreover, the 

FAA has previously granted relief from Section 91.151 specific to 

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

presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 
11161). 

6. Reasons Why An Exemption From The Requirements Of 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Parker and Parker Photography submits 

that the equivalent level of safety with regard to the regulatory 

maintenance and alteration requirements established by Sections 

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

will be met because Parker and Parker Photography will use 

trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents 

(i.e., Parker and Parker Photography Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Instruction 

Manual). Furthermore, Parker and Parker Photography will 

document and maintain all maintenance records for the DJI 

Phantom 3 UAS. 

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

the operating documents, Parker and Parker Photography will 

maintain the equivalent level of safety established by Sections 

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

Phantom 3 User Manuals are attached hereto as Appendix A and 

B; a copy of the DJI Phantom 3 UAS Maintenance LOG is 

attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety 

because Parker and Parker Photography will use trained 

technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and 

practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent 

level of safety established by Sections 91.407, 91.417(a) and 
91.417(b), because all maintenance of the DJI Phantom 3 UAS will 

be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning 

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

91.417(a) & (b) establish that safety is not adversely affected when 

the technical characteristics and operating limitations of the UAS 

are considered. 

23 

In consideration of Parker and Parker Photography’s proposed 

operating limitations, the operating documents, and the technical 

aspects of the DJI Phantom 3 UAS, Parker and Parker Photography 

submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and 

(a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, 

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

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe 

Operation. 

In accordance with Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled 

Special Conditions, 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 establish a level of safety 

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

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

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

(b). Such special conditions will permit safe operation of the UAS 
for the limited purpose of conducting aerial video and photography 

over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the requirements for considering 

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

public, or otherwise pose a threat to national security; and further, 

provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the 

NAS. 

Likewise, the Administrator may prescribe special conditions 

pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 

UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do 

not contain adequate or appropriate safety standards, due to the 

novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this 

subchapter do not contain adequate or appropriate safety standards 

for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the 

product. The special conditions are issued in accordance with Part 

11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish 

a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

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

21.16, the FAA may prescribe special conditions for Leading 

Edge’s intended operation of the DJI Phantom 3 UAS, which 

contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 

24 
61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

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

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

stating: The Rules From Which 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 Unmanned Aircraft System (UAS) for the 

purpose of conducting aerial video and photography over certain 

areas of the United States. 

• Any Additional Information, Views, Or Arguments Available To 

Support 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 

exemption may be granted pursuant to the authority of FMRA 

Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering 

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

public, or otherwise pose a threat to national security; and further, 

provides the authority for such UAS to operate without 

airworthiness certification. 
As discussed in detail above, 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 

exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the DJI Phantom 3 UAS commercially, 

without an airworthiness certificate, for the limited purpose of 

conducting aerial video and photography over certain areas of the 

United States. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the 

interests of the public, by allowing Parker and Parker Photography 

to safely, efficiently, and economically operate the DJI Phantom 3 

UAS commercially within the NAS. 

25 

WHEREFORE, in accordance with the Federal Aviation 

Regulations and the FAA Modernization and Reform Act of 2012, 

Section 333, Parker and Parker Photography respectfully requests 

that the Administrator grant this Petition for an exemption from the 

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

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

and 91.417(a) & (b), and permit Leading Edge to operate the DJI 

Phantom 3 UAS commercially for the purpose of conducting aerial 

video and photography over certain areas of the United States. 

Dated: January 29, 2016, Respectfully submitted, 

-Parker Fuller
CEO

Parker and Parker Photography

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

below 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Profession

al_User_Manual_v1.2_en.pdf