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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 LAW 112-95)

Submitted on JAN 27, 2016

Brady Oshiro

95-1058 Kuauli Street Apt 198

Mililani Hawaii 96789

(808) 778-4343

info@bradyoshiro.com
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TABLE 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
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 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
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VTOL Vertical Takeoff and Landing
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SUMMARY

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 of the FAA Modernization and Reform

Act of 2012 (FMRA). This exemption will permit BRADY OSHIRO PHOTOGRAPHY. to operate an

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

photography of real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

BRADY OSHIRO PHOTOGRAPHY. provides his clients with photography and video services of

properties and buildings for the 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

• Surf Videography

BACKGROUND

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 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 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.
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BASIS FOR PETITION

Petitioner, BRADY OSHIRO 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 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 of the 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 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.

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 for the DJI Phantom 3 UASs.

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

limitations: Pilot in 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.
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BRADY OSHIRO PHOTOGRAPHY. seeks relief from 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 every flight, 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 prior to each flight.

BRADY OSHIRO 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 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 of the flight path. This altitude information, combined with

BRADY OSHIRO PHOTOGRAPHY’s operation of the 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 Fuel requirements for flight in VFR conditions. BRADY OSHIRO

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 14.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that 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:
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A. Name And Address Of The Petitioner.

The name and address of the 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 BRADY OSHIRO PHOTOGRAPHY.

Seeks Exemption.

1. BRADY OSHIRO 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. BRADY OSHIRO 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. BRADY OSHIRO 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;
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(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section,

the current reported altimeter setting of an appropriate available station; or

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

airport or an appropriate altimeter setting available before departure.

4. BRADY OSHIRO 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. BRADY OSHIRO 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. BRADY OSHIRO 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. BRADY OSHIRO 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:
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(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. BRADY OSHIRO 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
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revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.

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

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

appliances.

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

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

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

performed.

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

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

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

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

return to service.

C. The Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason

BRADY OSHIRO PHOTOGRAPHY. Seeks The Relief.

1. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY OSHIRO

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, 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 of the DJI Phantom 3 UASs,

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to BRADY OSHIRO
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PHOTOGRAPHY’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY

OSHIRO 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 BRADY OSHIRO PHOTOGRAPHY. to determine that the DJI Phantom 3 UASs are in airworthy

condition prior to every flight 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 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 BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY

OSHIRO 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 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,

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 BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY

OSHIRO 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 14.5 minutes to
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the first point of intended landing and, assuming normal cruising speed, to fly after that 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 of the 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 of the 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), under visual flight rules

(VFR), with enough battery power to fly for a total duration of 14.5 minutes to the first point of intended

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief BRADY OSHIRO PHOTOGRAPHY. Seeks And The Reason BRADY OSHIRO

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, 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 BRADY OSHIRO 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 BRADY OSHIRO

PHOTOGRAPHY. to safely, efficiently, and economically perform aerial video and photography of real

estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and

provide significant benefits to the economy. Notably, the benefits of BRADY OSHIRO

PHOTOGRAPHY’s proposed operation of the DJI Phantom 3 UASs will be realized without implicating

any privacy issues.

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

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 photography flight 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, rather than 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 of flight 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 Aerial Video and Photography Operations With The DJI Phantom 3 UASs 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 of the DJI Phantom 3

UASs will allow United States based companies, like BRADY OSHIRO 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
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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 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 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 Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for many years, BRADY

OSHIRO PHOTOGRAPHY ’s proposed operation of the 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 Adversely Affect Safety, Or How The

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From

Which BRADY OSHIRO 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, BRADY OSHIRO PHOTOGRAPHY ’s operation of the 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 authority for a UAS to operate without airworthiness certification and sets forth

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180

days after the date of enactment of this Act, the Secretary of Transportation shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system before

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

required by section 334 of this Act.

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

DJI Phantom 3 UASs;

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

a. The Specifications Of The DJI Phantom 3 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UASs.

The technical specifications of the DJI Phantom 3 UASs are set forth by the DJI Phantom 3 User

Manuals, attached hereto as Appendix A.

ii. The DJI Phantom 3 UASs Autonomous Flight And Navigation Modes Enable The UASs To

Remain Within A Defined Operational Area.

The DJI Phantom 3 UASs may be operated in both manual and fully autonomous flight modes. A

complete description of the flight and navigational modes of the DJI Phantom 3 UASs is provided at

pages 12-16 and 45-50 of the DJI Phantom 3 User Manuals, attached hereto as Appendix A and B.
17

iii. The DJI Phantom 3 UASs 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 do not reacquire control link data from the GCS, the

UAs will assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe

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

A complete description of the Failsafe Functions of the DJI Phantom 3 at pages 13 through 15 of the DJI

Phantom 3 User Manuals, attached hereto as Appendix A and B.

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 40 through 47 of the DJI Phantom 3 User Manual. DJI Phantom 3 User

Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 3 UASs 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) of the DJI Phantom 3 UASs.

Additionally, a safety observer will assist in flights.

c. Flights Of DJI Phantom 3 UASs Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, BRADY OSHIRO PHOTOGRAPHY. proposes to commercially operate DJI

Phantom 3 UASs 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 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) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than corrective

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

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS

capability. The SO and PIC must be able to communicate verbally at all times. Electronic

messaging or texting is not permitted during flight operations. The PIC must be designated

before the flight and cannot transfer his or her designation for the duration of the flight. The

PIC must ensure that the SO can perform the functions prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and

avoiding other air traffic and other ground based obstacles/ obstructions and is not permitted to

operate the camera or other instruments.

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

operations and made available to the Administrator upon request. If a discrepancy exists between

the conditions and limitations contained in the grant of exemption and the procedures outlined in

the operating documents, the conditions and limitations contained in the grant of exemption take

precedence and must be followed. Otherwise, the operator must follow the procedures as 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.
19

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.
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 of the operating

documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, inspection,

alterations, and status of replacement/overhaul component parts must be noted in the aircraft

records, including total time in service, description of work accomplished, and the signature of

the authorized person returning the UAS to service.

15. Each UASs 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 thirdclass 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.
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). 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 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 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,
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 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;
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, 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.

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 of a commercially certificated pilot would not correlate to

the airmanship skills necessary for BRADY OSHIRO 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).

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 or the 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 of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a

UAS pilot operating the same make and model of UAS to be used for operations under the exemption).

In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding

90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained

in compliance with applicable regulations will ensure an equivalent level of safety during 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 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
25

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours

of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs

and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum,

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build

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

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

applicable regulations would satisfy this requirement. Training, proficiency, and experiencebuilding 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

Adversely Affect 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 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
26

the flight path and altitude. This altitude information, combined with BRADY OSHIRO

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 UASs 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 UASs; (2) the limitations on

the proposed flight operations; and (3) the location of the 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 fly for a total

duration of 14.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 UASs; 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 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 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).
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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, 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 for the 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 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 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 of the 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 of the UAS are considered.

In consideration of BRADY OSHIRO PHOTOGRAPHY.’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3 UASs, BRADY OSHIRO 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).
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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, BRADY OSHIRO PHOTOGRAPHY. requests that the FAA

prescribe special conditions for the intended operation of the DJI Phantom 3 UASs, 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 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 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 UASs, which contain

such safety standards that the Administrator finds necessary to establish a level of safety equivalent to

that established by 14 C.F.R.

Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

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

•
29

A Summary That Can Be Published In The Federal Register, stating: The Rules From Which

BRADY OSHIRO PHOTOGRAPHY Seeks Exemption:

BRADY OSHIRO 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 BRADY OSHIRO

PHOTOGRAPHY. Seeks:

This exemption will permit BRADY OSHIRO 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 BRADY OSHIRO

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, 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 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, BRADY OSHIRO PHOTOGRAPHY. will operate the DJI Phantom 3 UASs

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, BRADY OSHIRO 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 UASs 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
30

and Reform Act of 2012, while also advancing the interests of the 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 commercially for the purpose of conducting

aerial video and photography over certain areas of the 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 TECHNICAL SPECIFICATIONS

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 software 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. Max Angular Velocity –Yaw: 2000/s

5. Max Tilt Angle - 350

6. Max Ascent 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. Angular Vibration 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 of View - 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