### 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

BRADY OSHIRO PHOTOGRAPHY FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS
SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF
THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LA

W 112
-95)

Submitted on JAN 27, 2016 Brady Oshiro 95
-1058 Kuauli StreetApt 198 Mililani Hawaii 96789 (808) 778
-4343 info@bradyoshiro.com

### 2 **TA BLE**  **OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS


### ................................................................................... ......2

SUMMARY


### ............................................................................................................................... 5

INTRODUCTION AND INTERESTS OF PETITIONER


### ...........................................................5

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

BASIS FOR PETITION............................................................................................................6

NAME AND ADDRESS OF PETITIONER...............................................................................8 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRADY OSHIRO PHOTOGRAPHY. SEEKS EXEMPTION...................................................................................................8 THE EXTENT OF RELIEF BRADY OSHIRO PHOTOGRAPHY SEEKS AND THE REASON BRADY OSHIRO PHOTOGRAPHY SEEKS THE RELIEF.........................................10 THE REASONS WHY GRANTING BRADY OSHIRO PHOTOGRAPHY’S REQUEST WOULD BE IN THE PUBLIC INTEREST

........................................................................13 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY.......................................................................................................16 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

...............29 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT BRADY OSHIRO REQUES

.........T

...............................................................29 CONCLUSION........................................................................................................................29 APPENDICES

.......................................................................................................31

### 3 **GLOSSA RY**  **OF ABBREVIA**  **TIONS** AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate ofAuthorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions

### 4

VTOL Vertical Takeoffand Landing

### 5 **SUMMA RY**  BRADY OSHIRO 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 pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit BRADY OSHIRO PHOTOGRAPHY. to operate an Unmanned Aircraft System (UAS) forthe commercial purpose of conducting aerial video and photography of real estate, and landscape over certain areas ofthe United States.

**INTRODUCTION AND**  **INTERESTS OF**  **THE PETITIONER**  BRADY OSHIRO PHOTOGRAPHY. provides his clients with photography and video services of properties and buildings forthe purpose of advertising and promotion. The objective of BRADY OSHIRO PHOTOGRAPHY. and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Wedding Videography

• Real
-estate marketing

• SurfVideography

**BA CKGROUND**  Unmanned Aircraft Systems: DJI Phantom 3 UASs BRADY OSHIRO PHOTOGRAPHY. seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI Phantom 3 are vertical takeoffand 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 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. DJI Phantom 3 UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

### 6 **BA SIS**  **FOR PETITION**  Petitioner, BRADY OSHIRO PHOTOGRAPHY, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain UnmannedAircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3 UASs 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, BRADY OSHIRO PHOTOGRAPHY. DJI Phantom 3 UASs 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, BRADY OSHIRO PHOTOGRAPHY. requests relieffrom 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. BRADY OSHIRO PHOTOGRAPHY. submits that the requested relief is proper since an equivalent level of safety will be ensured. BRADY OSHIRO PHOTOGRAPHY. will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Instruction Manual). Furthermore, BRADY OSHIRO PHOTOGRAPHY. will document and maintain all maintenance records forthe DJI Phantom 3 UASs.
Relieffrom certain requirements of Section 61.113(a) and (b), entitled Private pilotprivileges and limitations: Pilotin command, is requested by BRADY OSHIRO 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 flight
- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

### 7

BRADY OSHIRO PHOTOGRAPHY. seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, BRADY OSHIRO PHOTOGRAPHY. submits that he will ensure that the DJI Phantom 3UASs are in an airworthy condition, prior to everyflight, by determining that the UASs 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. He will utilize the preflight instructions provided by DJI to ensure airworthiness checks priorto each flight. BRADY OSHIRO PHOTOGRAPHY. also seeks an exemption from the requirements of Section 91.121, entitled AltimeterSettings, as the DJI Phantom 3 UAs will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with BRADY OSHIRO PHOTOGRAPHY’s operation ofthe DJI Phantom 3 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, BRADY OSHIRO PHOTOGRAPHY. seeks an exemption from the requirements of Section 91.151(b), entitled Fuelrequirements forflightin VFR conditions

. BRADY OSHIRO PHOTOGRAPHY. submits that safety will not be affected by operation ofthe DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to flyfor a total duration ofapproximately 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, BRADY OSHIRO PHOTOGRAPHY. provides the following information in support of its petition for exemption:

### 8

**A. Name**  **An d**  **Ad dress**  **Of The**  **Petitioner.** The name and address ofthe Petitioner and point of contact is: BRADY OSHIRO PHOTOGRAPHY ATTN: Brady Oshiro 95
-1058 Kuauli Street Apt 198 Mililani Hawaii 96789 (808) 778
-4343 info@bradyoshiro.com **B. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks Exemption.**  **1. BRA** **DY OSHIRO**  **PHOTOGRA PHY**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 61.113(a)**  **An d**  **(b).** Section 61.113, entitled Private pilot privileges and limitations: Pilotin 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 propertyfor compensation or hire; nor may that person, for compensation or hire, act as PIC ofan 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. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seek s**  **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. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **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 orflight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating
-- (1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft;

### 9 (ii) Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure.
**4. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 91.151(b).**  Section 91.151, entitled Fuelrequirements forflightin 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 weatherconditions) there is enough fuel to fly to the firstpoint ofintended landing and, assuming normal cruising speed, to flyafterthatforatleast 20 minutes.
**5. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **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 ofthis chapter[.]
**6. BRA** **DY OSHIRO**  **PHO TOGRA** **PHY. Seeks**  **Exemption From**  **The Requirements**  **Of Section**  **91.407(a)(1)** Section 91.407, entitled Operation aftermaintenance, 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 ofthis chapter[.] **7. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.409(a)(1)**  **An d**  **91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following:

### 10 (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had
-- (1)An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2)An inspection for the issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. **8. BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks Exemption**  **From The**  **Requirements Of**  **Sections 91.417(a)**  **An d**  **91.417(b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except forwork performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records forthe periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100
-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include
-- (i)A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion ofthe work performed; and

(iii) The signature, and certificate number 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

### 11 revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis chapterfor each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records forthe periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1 year afterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3)A list of defects furnished to a registered owner or operator under § 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
**C. The**  **Extent Of**  **Relief BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks And**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **The Relief.** 
**1. Extent**  **Of Relief**  **BRADY OSHIRO**  **PHOTOGRAPHY. Seeks**  **An d**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Relief From**  **Section 61.113(a)**  **An d**  **(b).** Relieffrom Section 61.113(a) and (b) entitled Private pilotprivileges andlimitations: Pilotin 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 propertyfor compensation or hire. As set forth more fully below, BRADY OSHIRO 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, BRADY OSHIRO PHOTOGRAPHY. submits that all flights ofthe DJI Phantom 3 UASs, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to BRADY OSHIRO

### 12

PHOTOGRAPHY’s business; and (2) will not carry passengers or property for compensation or hire.
**2. Extent**  **Of Relief**  **BRADY OSHIRO**  **PHOTOGRAPHY. Seeks**  **An d**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Relief From**  **Section 91.7(a).**  Relieffrom Section 91.7(a) entitled Civil aircraftairworthiness, is requested to the extent required to allow BRADY OSHIRO PHOTOGRAPHY. to determine that the DJI Phantom 3 UASs are in airworthy condition prior to everyflight by ensuring that the UAS is in compliance with the operating documents (i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). BRADY OSHIRO PHOTOGRAPHY. seeks the requested relief because the DJI Phantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, BRADY OSHIRO PHOTOGRAPHY. will ensure that the DJI Phantom 3 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to everyflight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.
**3. Extent**  **Of Relief**  **BRADY OSHIRO**  **PHOTOGRAPHY. Seeks**  **An d**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Relief From**  **Section 91.121.**  Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations ofthe DJI Phantom 3 UASs, 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), BRADY OSHIRO PHOTOGRAPHY. seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet AGL, ratherthan the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 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 ofthe GCS.
**4. Extent**  **Of Relief**  **BRADY OSHIRO**  **PHOTOGRAPHY. Seeks**  **An d**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Relief Fro** **m Section**  **91.151(b).**
Relieffrom Section 91.151(b) entitled Fuel requirements forflight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 14.5 minutes to

### 13

the first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes. BRADY OSHIRO PHOTOGRAPHY. seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UAs will severely constrain the practicality of any aerial video or still photo flight operations that BRADY OSHIRO PHOTOGRAPHY. proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 UASs, the DJI Phantom 3 operating documents, and BRADY OSHIRO PHOTOGRAPHY.’s proposed operating limitations, ensure that BRADY OSHIRO PHOTOGRAPHY. will safely operate the battery powered DJI Phantom 3 UAs during daylight hours in visual meteorological conditions (VMC), undervisual flight rules (VFR), with enough battery power to flyfor a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthat for at least 4.5 minutes.
**5. Extent**  **Of Relief**  **BRADY OSHIRO**  **PHOTOGRAPHY. Seeks**  **An d**  **The Reason**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Relief From**  **Sections 91.405(a),**  **91.407(a)(1), 91.409(** **a)(1) &**  **(a)(2), An** **d 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, BRADY OSHIRO PHOTOGRAPHY. requests relief from these Sections because the DJI Phantom 3 UASs do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, BRADY OSHIRO PHOTOGRAPHY. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BRADY OSHIRO PHOTOGRAPHY. will document and maintain all maintenance records for the DJI Phantom 3 UASs.
**D. The**  **Reasons Why**  **Granting BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Request Would**  **Be In**  **The Public**  **I nterest;**  **That Is,**  **How It**  **Would Benefit**  **The Public**  **As A** **Whole.** Granting the present Petition will further the public interest by allowing BRADY OSHIRO PHOTOGRAPHY. to safely, efficiently, and economically perform aerial video and photography of real estate, and landscape over certain areas ofthe United States. Additionally, use ofthe DJI Phantom 3 UASs will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of BRADY OSHIRO PHOTOGRAPHY’s proposed operation ofthe DJI Phantom 3 UASs will be realized without implicating any privacy issues. **1. The**  **Public Will**  **Benefit From**  **Decreased Congestion**  **Of The**  **NA S.** 

### 14

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 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 aircraftwill be reduced. The DJI Phantom 3 UAs do not require an airport to takeoffor 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 offlight operations.
**2. The**  **Public Will**  **Benefit From**  **The Safety**  **An d**  **Efficiency Of** **The DJI**  **Phantom 3**  **UA Ss.**  Conducting aerial acquisitions with the DJI Phantom 3 UASs, 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 photographyflight operations. By using battery power and electric motors, the DJI Phantom 3 UASs 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, ratherthan an internal combustion engine. By using the DJI Phantom 3 UASs 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 offlight crew members located onboard the aircraft, the DJI Phantom 3 UAs (weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).
**3. Performing**  **Ae rial**  **Video and**  **Photography Operations**  **With The**  **DJI Phantom**  **3 UA** **Ss Will**  **Benefit The**  **Economy .**  In addition to being safe and efficient, the DJI Phantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 3 UASs will allow United States based companies, like BRADY OSHIRO PHOTOGRAPHY, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to

### 15

remain competitive. Operating the battery powered DJI Phantom 3 UASs 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 UASs, companies such as BRADY OSHIRO PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance of U.S. companies, through commercial use ofthe DJI Phantom 3 UASs, 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**  **Ar e**  **No Privacy**  **Issues.** Similarto the manned aerial acquisition flight operations that have been conducted for many years, BRADY OSHIRO PHOTOGRAPHY ’s proposed operation ofthe DJI Phantom 3 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 UASs will be operated only in compliance with operating documents (i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement and permission to videotape/photograph 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 Ad** **versely Affect**  **Safety, Or**  **How The**  **Exemption Would**  **Provide A**  **Level Of**  **Safety At**  **Least Equal**  **To That**  **Provided By**  **The Rule**  **From Which**  **BRA DY**  **OSHIRO PHOTOGRA** **PHY. Seeks**  **Exemption. 1.**  **Reasons Why**  **The DJI**  **Phantom 3**  **UA s**  **Meet The**  **Conditions Of** **The FA**  **A Modernization**  **and Reform**  **Ac t**  **of 2012**  **(FMRA )**  **Section 333.**  In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, BRADY OSHIRO PHOTOGRAPHY ’s operation ofthe DJI Phantom 3 UASs 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 authorityfor a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.
--Notwithstanding anyotherrequirement ofthis subtitle, andnotlaterthan 180 days afterthe date ofenactment ofthisAct, the Secretaryof Transportation shall determine if certain unmannedaircraft systems mayoperate safelyin the national airspace system before completion ofthe plan andrulemaking requiredbysection 332 ofthisAct orthe guidance requiredbysection 334 ofthisAct. (b) Assessment of UnmannedAircraft Systems.--In making the determination undersubsection

### 16 (a), the Secretaryshall determine, ata mi nimum-- (1) which types ofunmanned aircraftsystems, ifany, as a result oftheirsize, weight, speed, operational capability, proximityto airports andpopulated areas, and operation within visualline ofsight do not create a haz ard to users ofthe national airspace system orthe public orpose a threat to nationalsecurity; and (2) whethera certificate ofwaiver, certificate ofauthorization, orairworthiness certification undersection 44704 oftitle 49, United States Code, is required forthe operation ofunmannedaircraftsystems identified underparagraph (1). (c) Requirements forSafe Operation.
--Ifthe Secretarydetermines underthis section that certain unmannedaircraft systems mayoperate safelyin the national airspace system, the Secretaryshall establish requirements forthe safe operation ofsuch aircraft s ystems in the national airspace system.

In seeking this exemption, BRADY OSHIRO PHOTOGRAPHY. submits that the DJI Phantom 3 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The**  **Specifications Of** **The DJI**  **Phantom 3**  **UAS s**  **Demonstrate Its**  **Safe Characteristics.** 
The DJI Phantom 3 UASs do not create a hazard to users ofthe NAS orthe 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**  **UA Ss.**  The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI Phantom 3 User Manuals, attached hereto as AppendixA.
**ii. The**  **DJI Phantom**  **3 UAS** **s Au** **tonomous Flight**  **An d**  **Navigation Modes**  **Enable The**  **UA Ss**  **To Remain**  **Within A**  **Defined Operational**  **Ar ea.**  The DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 UASs is provided at pages 12
-16 and 45
-50 ofthe DJI Phantom 3 User Manuals, attached hereto as AppendixA and B.

### 17

**iii. The**  **DJI Phantom**  **3 UA** **Ss Ar** **e Designed**  **F or**  **Au tomatic**  **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 do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 at pages 13 through 15 ofthe DJI Phantom 3 User Manuals, attached hereto as AppendixA and B. **iv. The**  **DJI Phantom**  **3 GCS**  **An d**  **Its Operation.**  A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control sof tware is provided at pages 40 through 47 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 User Manuals are attached hereto as AppendixA and B. **b. Flight**  **Operations Of**  **DJI Phantom**  **3 UA** **Ss Are**  **Limited To**  **The Line**  **Of Sight**  **Of A**  **Certificated Pilot**  **in Command**  **With A**  **Safety Observer.**  BRADY OSHIRO will be the only person to act as a pilot in command (PIC) ofthe DJI Phantom 3 UASs. Additionally, a safety observerwill assist in flights.

**c. Flights**  **Of DJI**  **Phantom 3**  **UA Ss**  **Will Be**  **Conducted Pursuant**  **To Specific**  **Operating Limitations.**  In seeking this exemption, BRADY OSHIRO PHOTOGRAPHY. proposes to commercially operate DJI Phantom 3 UASs forthe 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 UASs 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.

### 18 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC’s FAA
-issued airman medical certificate.
6. The use offirst person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation forthe duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other airtraffic 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. Ifa 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. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS
-80) may be contacted ifquestions arise regarding updates or revisions to the operating documents.

### 19

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

### 20

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents.
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.
14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature of the authorized person returning the UAS to service.
15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.
16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections.
17. The PIC must possess at least a private pilot certificate and at least a current third
class medical certificate.
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 forthe purposes oftraining the operator’s PICs are permitted under the terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience
-building flights, all persons not essential forflight 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.

### 21

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). Ifflight 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 ofan 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 orwhen visibility is less than 3 statute miles from the PIC.
22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.
23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an AirTraffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) priorto conducting any operations underthe grant of exemption. This COAwill also require the operatorto request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours priorto 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,

### 22

registered in accordance with 14 C.F.R. part 47, and have identification (N
- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.
27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The 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 otherthan 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 ofthe UA, flight operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does not present an undue hazard, and;

### 23 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
32. All operations shall be conducted over private or controlled
-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS
-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) An** **d (b)**  **Would Not**  **Ad versely**  **Af fect**  **Safety .** 
BRADY OSHIRO 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 UASs 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 BRADY OSHIRO 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, BRADY OSHIRO PHOTOGRAPHY. submits that the additional manned airmanship experience ofa commercially certificated pilot would not correlate to the airmanship skills necessaryfor BRADY OSHIRO PHOTOGRAPHY’s specific proposed flight operations. The FAA has previously granted relieffrom 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).
BRADY OSHIRO PHOTOGRAPHY. will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight
-hour requirements orthe DJI Phantom 3 UAS

### 24

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 oftotal time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during BRADY OSHIRO 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 forthe 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 oftotal 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 ratherthan additive; i.e. 5 hours make and model time may be

### 25

included in the 10 hours of multi
-rotortime 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 FAAfinds 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, BRADY OSHIRO 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 Ad** **versely Af** 

**fect Safety.** 
The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, BRADY OSHIRO 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 relieffrom 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 Ad** **versely Af** 

**fect Safety.** 
The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe 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

### 26

the flight path and altitude. This altitude information, combined with BRADY OSHIRO PHOTOGRAPHY’s operation ofthe 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 UASs at ground level. The FAA has previously granted relieffrom 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 Ad** **versely Affect**  **Safety.** A grant ofthis 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 ofthe DJI Phantom 3 UASs; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, BRADY OSHIRO 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 flyfor a total duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly af terthat for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UASs; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UASs 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 power. At the critically low battery level, the DJI Phantom Vision+ and DJI Phantom 3 UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. 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, 11 138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

### 27 **6. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) &**  **(a)(2), An** **d 91.417(a)**  **& (b)**  **Would Not**  **Ad versely**  **Af fect**  **Safety .**  In seeking this exemption, BRADY OSHIRO 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 BRADY OSHIRO PHOTOGRAPHY. will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the BRADY OSHIRO PHOTOGRAPHY. Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, BRADY OSHIRO PHOTOGRAPHY. will document and maintain all maintenance records forthe DJI Phantom 3 UASs. Since the DJI Phantom 3 UASs will be inspected as prescribed by the operating documents, BRADY OSHIRO 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 ofthe DJI Phantom 3 User Manuals are attached hereto as AppendixA and B; a copy ofthe DJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because BRADY OSHIRO 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 ofthe DJI Phantom 3 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration of BRADY OSHIRO PHOTOGRAPHY.’s proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UASs, BRADY OSHIRO PHOTOGRAPHY. submits that safetywill 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 reliefspecific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

### 28

**7. The**  **FA**

**A May**  **Prescribe An** **y Other**  **Conditions For**  **Safe Operation.**  In accordance with Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, BRADY OSHIRO PHOTOGRAPHY. requests that the FAA prescribe special conditions forthe intended operation ofthe DJI Phantom 3 UASs, which contain such safety standards that the Administratorfinds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation ofthe UAs forthe limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authorityfor such UAS to operate without airworthiness certification in accordance with any requirements that must be established forthe safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe DJI Phantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: Ifthe FAAfinds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto forthe product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards forthe aircraft, aircraft engine or propeller as the FAAfinds 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 ofthe DJI Phantom 3 UASs, which contain such safety standards that the Administratorfinds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

**•**

### 29

**A Summary**  **That Can**  **Be Published**  **In The**  **Federal Register,**  **stating: The**  **Rules From**  **Which BRA** **DY OSHIRO**  **PHOTOGRA PHY**  **Seeks Exemption:** 
BRADYOSHIRO 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 BRA** **DY OSHIRO**  **PHOTOGRA PHY.**  **Seeks:**
This exemption willpermit BRADY OSHIRO PHOTOGRAPHY. to commerciallyoperate an UnmannedAircraft System (UAS) forthe purpose ofconducting aerial video andphotography overcertain areas ofthe United States.

**• An** **y Ad** **ditional Information,**  **Vie ws** **, Or** **Ar guments**  **Available To**  **Support BRA** **DY OSHIRO**  **PHOTOGRA PHY** **’ 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, BRADY OSHIRO 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 ofthe NAS orthe 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, BRADY OSHIRO PHOTOGRAPHY. will operate the DJI Phantom 3 UASs safely in the NAS, without creating a hazard to users ofthe NAS, orthe public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, BRADY OSHIRO PHOTOGRAPHY. seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 UASs commercially, without an airworthiness certificate, forthe limited purpose of conducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAAAdministratorwill be fulfilling the Congressional mandate ofthe FAA Modernization

### 30

and Reform Act of 2012, while also advancing the interests ofthe public, by allowing BRADY OSHIRO PHOTOGRAPHY. to safely, efficiently, and economically operate the DJI Phantom 3 UASs commercially within the NAS. **WHEREFORE**, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, BRADY OSHIRO 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 UASs commerciallyforthe purpose of conducting aerial video and photography over certain areas ofthe United States.
Respectfully submitted on June 14, 2015 BRADY OSHIRO PHOTOGRAPHY Brady Oshiro 95
-1058 Kuauli Street Apt 198 Mililani Hawaii 96789 (808) 778
-4343 info@bradyoshiro.com

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Appendices:

A

– DJI Phantom 3 Manual Specifications Data Sheet B

– Monthly Maintenance Log C

– DJI Phantom Users Guide
APPENDIX

– A

**DJI Phantom**  **3 TECHNICA** **L SPECIFICA**  **TIONS** BRADY OSHIRO PHOTOGRAPHY. only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI sof tware provides real
-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)
2. DJI PHANTOM
1. Aircraft 1. Model

– Phantom 3 2. Weight (Battery Included)

– 1280 grams 3. Hovering Accuracy (GPS Mode)

– Vertical: +/
- 10cm; Horizontal: +/
-1m 4. MaxAngularVelocity

–Yaw: 2000/s 5. Max Tilt Angle
- 350 6. MaxAscent Speed

– 5m/s 7. Max Descent Speed

– 3m/s 8. Max Speed

– 16m/s (ATTI mode, no wind

– NOT RECOMMENDED) 9. Max Flight Altitude

– 6000m 10. Max Flight Time

– Approximately 23 minutes 12. Motor Model

– DJI 3510 13. Propeller Model

– DJI 1345 14. Operating Temperature Range

– 140F to 1040F (
-100C to 400C) 15. Dimensions

– 17 1⁄4” x 17 3⁄4” x 12”

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2. Gimbal 1. Model

– ZENMUSE X3 2. Output Power (with camera)

– Static: 9W; In Motion: 11W 3. Operating Current

– Static: 750mA; In Motion: 900mA 4. AngularVibration Range
- ±0.030 5. Mounting

– Detachable 6. Controllable Range

– Pitch:
-900 to +300; Pan: ±3200 7. Mechanical Range

– Pitch:
-1250 to 450; Pan: ±3300 8. Max Controllable Speed

– Pitch: 1200/s; Pan: 1800/s 3. Camera 1. Name

– Sony EXMOR 2. Model

– 12.4M Pixel 3. Total Pixels

– 12.4M 4. Effective Pixels

– 12.76M 5. Image Max Size

– 4000x3000 6. ISO Range

– 100
-3200 7. Field ofView
- 940 8. CMOS

– Sony EXMOR 1/2.3” 9. HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60; HD: 1280x720p24/25/30/48/50/60 10. Operating Temperature Range
- 320F
- 1040F (00C
- 400C) 4. Transmitter 1. Name

– C1 2. Operating Frequency

– 5.728
-5.850GHz; 2.400
-2.483GHz 3. Communicating Distance (unobstructed)

– 2000m 4. Output Power

– 9W 5. Operating Temperature Range
- 140F to 1040F (
-100C to 400C) 6. Battery

– 600mAh LiPo 2S