UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Brilliant Media Corporation, DBA A ir Aspects

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 AND 3D ROBOTICS IRIS+

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on September 25, 2015

Terence M. Young

Brilliant Media Corporation

900 Meadowhill Court,

Chesapeake, VA 23320

Tel: (757) 549-4764TABLE OF CONTENTS

P age

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY..........................................................................................................................4

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

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER............................................................6

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

CORPORATION SEEKS EXEMPTION.................................................................6

THE EXTENT OF RELIEF BRILLIANT MEDIA CORPORATION SEEKS

AND THE REASON BRILLIANT MEDIA CORPORATION SEEKS THE

RELIEF.................................................................................................................9

THE REASONS WHY GRANTING BRILLIANT MEDIA CORPORATION'S

REQUEST WOULD BE IN THE PUBLIC INTEREST ......................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..........................................................................13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT BRILLIANT MEDIA CORPORATION'S

REQUEST...............................................................................................................24

CONCLUSION....................................................................................................................24

APPENDICES........................................................................................25

2GLOSSARY 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

FPV First Person View (live video feed)

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

VTOL Vertical Takeoff and Landing

34 SUMMARY

Brilliant Media Corporation 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 Brilliant Media Corporation to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting aerial video and photography for corporate marketing,

real estate photography, special events, wedding videography / photography, visual inspections, and

landscape video and photography over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Brilliant Media Corporation is a multiple media advertising company based in Chesapeake, Virginia.

We provide clients with high quality custom web and print marketing solutions.

Brilliant Media Corporation also produces digital content for clients to use in their

commercial, personal, internet, and non-profit multimedia projects.

Brilliant Media Corporation and it's sister companies have over 20 years of professional

experience in video production and photography and over 1 year of recreational/hobby

experience in aerial video and photography. The objective of Brilliant Media Corporation's aerial

video and photography operations is to provide high quality imaging for a variety of uses, specifically:

n Corporate Promotional Videography and Photography

n Real Estate Videography and Photography

n Wedding and Event Videography and Photography

n Visual Inspection of Equipment and Buildings

n Increase public knowledge of UAS and promote safe UAS operations.

**BACKGROUND**

Unmanned Aircraft Systems: DJI Phantom 3, 3D Robotics IRIS+ UASs

Brilliant Media Corporation seeks an exemption to operate DJI and 3DR systems for compensation

or hire within the NAS. The DJI Phantom 3 and 3D Robotics IRIS+ are vertical takeoff and landing

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet, smart

phone or First Person View (FPV) systems.

The DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, with a length of 18

inches, width of 13 inches, height of 8 inches, and a maximum speed of approximately 30 knots.

The 3D Robotics IRIS+ has a maximum gross weight of 3 pounds 12 ounces, a length of 12 inches, width

of 18 inches, height of 8 inches, and a maximum speed of approximately 40 knots.

The DJI Phantom 3 and 3D Robotics IRIS+ UAs are equipped with four main rotors; driven by Lithium

Polymer battery powered electric motors. The DJI Phantom 3 and 3D Robotics IRIS+ UAs that will be

operated by Brilliant Media Corporation and will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14

C.F.R. Part 45, Identification and Registration Marking.5 BASIS FOR PETITION

The Petitioner, Brilliant Media Corporation, 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, 3D Robotics IRIS+ 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, Brilliant Media Corporation’s operation of DJI Phantom 3 and 3D Robotics IRIS+

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, Brilliant Media Corporation 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.

Brilliant Media Corporation submits that the requested relief is proper since an equivalent level of

safety will be ensured. Brilliant Media Corporation 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, and DJI Phantom 3 and 3D Robotics

IRIS+ Instruction Manual). Furthermore, Brilliant Media Corporation will document and maintain all

maintenance records for the DJI Phantom 3 and 3D Robotics IRIS+ UASs.

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

limitations: Pilot in command , is requested by Brilliant Media Corporation 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 and 3D Robotics IRIS+ UASs in a manner consistent with

this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Brilliant Media Corporation seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 3 and 3D Robotics IRIS+ UASs do not require an airworthiness certificate in

accordance with 14 C.F.R. Part 21, Subpart H. As such, Brilliant Media Corporation submits that they will en

sure that the DJI Phantom 3 and 3D Robotics IRIS+ UASs 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 and 3D Robotics IRIS+ Instruction Manual), and that the aircraft are in

a condition for safe flight.

Brilliant Media Corporation also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings , as the DJI Phantom 3 and 3D Robotics IRIS+ UAs do not possess typical barometric

altimeters. However, altitude information of the DJI Phantom 3 and 3D Robotics IRIS+ UASs will be provided

to the PIC via Global Positioning System (GPS) and onboard barometric sensors and radio communications

data link, which downlinks from the UA to the GCS for active monitoring of the flight path.

This altitude information, combined with Brilliant Media Corporation’s operation of the DJI Phantom 3 and6 3D Robotics IRIS+ UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety

equivalent to Section 91.121.

Additionally, Brilliant Media Corporation seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions . Brilliant Media Corporation submits that

safety will not be affected by operation of the DJI Phantom 3 and 3D Robotics IRIS+ 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 8-14 minutes takeoff to landing, leaving 4.5 minutes reserve.

In accordance with 14 C.F.R. § 11.81, Brilliant Media Corporation provides the following information

in support of its petition for exemption:

**A. Name And Address Of The Petitioner.**

The name and address of the Petitioner and point of contact is:

Terence Young

Brilliant Media Corporation

900 Meadowhill Court,

Chesapeake, VA 23320

Telephone: (757) 549-4764

Email: terry@internetmark.com

**B. The Specific Sections Of 14 C.F.R. from Which Brilliant Media Corporation Seeks Exemption.**

1. Brilliant Media Corporation 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. Brilliant Media Corporation 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. Brilliant Media Corporation Seeks Exemption From The Requirements Of Section 91.121.7 Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft,

as the case may be, by reference to an altimeter that is set, when operating--

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

(i) The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;

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

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

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

airport or an appropriate altimeter setting available before departure.

4. Brilliant Media Corporation 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. Brilliant Media Corporation 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. Brilliant Media Corporation 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[.]8 7. Brilliant Media Corporation Seeks Exemption From The Requirements Of Sections 91.409(a)(1) and

91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within

the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to

service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this

chapter.

8. Brilliant Media Corporation Seeks Exemption From The Requirements Of Sections 91.417(a) and

91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or

operator shall keep the following records for the periods specified in paragraph (b) of this section:

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

100-hour, annual, progressive, and other required or approved inspections, as appropriate,

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

of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

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

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

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

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

and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its

appliances are maintained.

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

including, for each, the method of compliance, the AD or safety directive number

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

and date when the next action is required.

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

to the airframe and currently installed engines, rotors, propellers, and appliances.

(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 retained9 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 Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation Seeks The Relief.** 

**1. Extent Of Relief Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation 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, Brilliant Media Corporation submits that an equivalent level of

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

3D Robotics IRIS+ 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 or 3D Robotics

IRIS+ 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, Brilliant Media Corporation submits that all flights of the DJI Phantom 3 and 3D

Robotics IRIS+ UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be

incidental to Brilliant Media Corporation’s business; and (2) will not carry passengers or

property for compensation or hire.

**2. Extent Of Relief Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation 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 Brilliant Media Corporation to determine that the DJI Phantom 3 and 3D

Robotics IRIS+ UASs are in airworthy condition prior to every flight by ensuring that the UAS

is in compliance with the operating documents (i.e., DJI Phantom 3 and 3D Robotics IRIS+ In

struction Manuals).10 Brilliant Media Corporation seeks the requested relief because the DJI Phantom 3 and

3D Robotics IRIS+ UASs do not require an airworthiness certificate in accordance with

14 C.F.R. Part 21, Subpart H. Therefore, Brilliant Media Corporation will ensure that the DJI

Phantom 3 and 3D Robotics IRIS+ UASs are in airworthy condition based upon its compliance

with the operating documents (i.e., DJI Phantom 3 and 3D Robotics IRIS+ 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 Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation 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 and 3D Robotics IRIS+ 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), Brilliant Media Corporation seeks

the requested relief because the DJI Phantom 3 and 3D Robotics IRIS+ UAs altimeter may be

set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude,

before each flight.

Considering the limited altitude 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 and 3D Robotics IRIS+ 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 Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation 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 and

3D Robotics IRIS+ UAs during daylight hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), for a total duration of approximately 8-14 minutes takeoff to

landing, leaving 4.5 minutes reserve.

Brilliant Media Corporation seeks the requested relief because without an exemption

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 2 and 3D

Robotics IRIS+ UAs will severely constrain the practicality of any aerial video or still photo

flight operations that Brilliant Media Corporation proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3

and 3D Robotics IRIS+ UASs, the DJI Phantom 3 and 3D Robotics IRIS+ operating documents,

and Brilliant Media Corporation’s proposed operating limitations, ensure that Brilliant Media

Corporation will safely operate the battery powered DJI Phantom 3 and 3D Robotics IRIS+ 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 8-14 minutes

takeoff to landing, leaving 4.5 reserve minutes.11 **5. Extent Of Relief Brilliant Media Corporation Seeks And The Reason Brilliant Media**

**Corporation 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, Brilliant Media Corporation requests relief from these Sections

because the DJI Phantom 3 and 3D Robotics IRIS+ UASs do not require airworthiness certificates. As

set forth more fully below, the DJI Phantom 3 and 3D Robotics IRIS+ UASs meet the conditions of

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Brilliant Media

Corporation 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 DJI Phantom 3 and 3D Robotics IRIS+ Instruction Manual). Furthermore, Brilliant Media

Corporation will document and maintain all maintenance records for the DJI Phantom 3 and 3D

Robotics IRIS+ UASs.

**D. The Reasons Why Granting Brilliant Media Corporation’s 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 Brilliant Media

Corporation to safely, efficiently, and economically perform aerial video and photography for wedding

photos and videos, real estate, special events, corporate marketing, and landscape over certain areas of

the United States.

Additionally, use of the DJI Phantom 3 and 3D Robotics IRIS+ UASs will decrease congestion

of the NAS, reduce pollution, and provide significant benefits to the economy.

Notably, the benefits of Brilliant Media Corporation’s proposed operation of the DJI Phantom 3

and 3D Robotics IRIS+ UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 3 and 3D Robotics IRIS+ 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 or 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ 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 and**

**3D Robotics IRIS+ UASs.**

Conducting aerial acquisitions with the DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics

IRIS+ UASs produce no air pollution, and is the most viable environmentally conscious12 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 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ UAs (weighing approximately 2 pounds 13 ounces and

3 pounds 12 ounces respectively, at their maximum gross weights with lengths of 18 inches

and 12 inches respectively, widths of 13 inches and 18 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 and**

**3D Robotics IRIS+ UASs Will Benefit The Economy.**

In addition to being safe and efficient, the DJI Phantom 3 and 3D Robotics IRIS+ UASs

are also an economical alternative to using manned aircraft to conduct similar aerial operations.

As such, operation of the DJI Phantom 3 and 3D Robotics IRIS+ UASs will allow United States

based companies, like Brilliant Media Corporation, to remain competitive and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and

the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation

fuels, U.S. owned and operated companies must adopt new and alternative technology in order

to remain competitive.

Operating the battery powered DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ UASs, companies such as

Brilliant Media Corporation, 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 and 3D Robotics IRIS+ 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

decades, Brilliant Media Corporation’s proposed operation of the DJI Phantom 3 and 3D

Robotics IRIS+ UASs will not create privacy issues. Specifically, the DJI Phantom 3 and 3D

Robotics IRIS+ UASs will be operated only in compliance with operating documents (i.e., the

DJI Phantom 3 and 3D Robotics IRIS+ Instruction Manual) which requires property owner

involvement as well as local law enforcement notification, and in accordance with the Federal

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.13 **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 Brilliant Media Corporation Seeks Exemption.**

**1. Reasons Why The DJI Phantom 3 and 3D Robotics IRIS+ 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, Brilliant Media Corporation’s operation of the DJI Phantom 3 and

3D Robotics IRIS+ 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

(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, Brilliant Media Corporation submits that the DJI Phantom

3 and 3D Robotics IRIS+ UASs can operate safely in the NAS pursuant to FMRA Section

333, as demonstrated by:

(a) the characteristics of the DJI Phantom 3 and 3D Robotics IRIS+ UASs;

(b) the pilot certification requirement; and (c) the specific operating limitations.14 **a. The Specifications Of The DJI Phantom 3 and 3D Robotics IRIS+ UASs**

**Demonstrate Its Safe Characteristics.**

The DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ UASs.**

The technical specifications of the DJI Phantom 3 and 3D Robotics IRIS+ UASs are set

forth by the DJI Phantom 3 and 3D Robotics IRIS+ manuals, attached hereto as

Exhibits A and B.

**ii. The DJI Phantom 3 and 3D Robotics IRIS+ UASs Autonomous Flight And**

**Navigation Modes Enable The UASs To Remain Within A Defined Operational**

**Area.**

The DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ UASs is provided at pages 11-17

of the DJI Phantom 3 and pages and 11-13 of the 3D Robotics IRIS+ User Manuals,

attached hereto as Exhibits A and B.

**iii. The DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ UAs will

remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom

3 and 3D Robotics IRIS+ 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 UAS are

set forth at pages 12 through 14 and for the 3D Robotics IRIS+ at pages 11 through 13 of

the DJI Phantom 3 and 3D Robotics IRIS+ User Manuals, attached hereto as Exhibits A

and B.

**iv. The DJI Phantom 3 and 3D Robotics IRIS+ GCS And Its Operation.**

A complete description of the operation and specifications of the DJI Phantom 3 GCS

flight control software is provided at pages 23 through 38 of the DJI Phantom 3 User

Manual. The 3D Robotics IRIS+ uses an additional FPV system for which the user

manual is attached as Exhibit C.15 **b. Flight Operations Of DJI Phantom 3 and 3D Robotics IRIS+ UASs Are Limited To The**

**Line Of Sight Of A Certificated Pilot in Command With A Safety Observer as required.**

Brilliant Media Corporation will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 and

3D Robotics IRIS+ UASs. Additionally, a safety observer will assist all pilots during flight time

if required by terrain or visual obstacles.

**c. Flights Of DJI Phantom 3 and 3D Robotics IRIS+ UASs Will Be Conducted Pursuant To**

**Specific Operating Limitations.**

In seeking this exemption, Brilliant Media Corporation proposes to commercially operate

DJI Phantom 3 and 3D Robotics IRIS+ 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 and 3D Robotics IRIS+ Unmanned

Aircraft Systems. Proposed operations of any other aircraft will require a new petition

or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the

purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 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. Relying on 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.16 8. The SO must not perform any other duties beyond assisting the PIC with seeing and

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

permitted to operate the camera or other instruments.

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

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

exists between the conditions and limitations contained in the grant of exemption and

the procedures outlined in the operating documents, the conditions and limitations

contained in the grant of exemption take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating

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

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the

exemption, then the operator must petition for amendment to its grant of exemption.

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

regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition

for safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance

has been performed and the UAS is found to be in a condition for safe flight. The

Ground Control Station must be included in the preflight inspection. All maintenance

and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical component,

must undergo a functional test flight. The PIC who conducts the functional test flight

must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

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.17 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

third-class medical certificate.

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

qualification criteria and demonstrates the ability to safely operate the UAS in a

manner consistent with how the UAS will be operated under the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. PIC qualification flight hours must be

logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes

of training the operator’s PICs are permitted under the terms of the exemption.

However, training operations may only be conducted during dedicated training

sessions. During training, proficiency, and experience-building flights, all persons

not essential for flight operations are considered nonparticipants, and the PIC must

operate the UA with appropriate distance from nonparticipants in accordance with

14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1.

All operations must be conducted under visual meteorological conditions (VMC).

If flight at night is required, a special request will be made at the FAA office closest

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

not authorized.

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

denoted on a current FAA-published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the operation is

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

The letter of agreement with the airport management must be made available to

the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

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

of Waiver or Authorization (COA) prior to conducting any operations under the

grant of exemption. This COA will also require the operator to request a Notice

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

prior to the operation. All operations shall be conducted in accordance with airspace

requirements in the ATO issued COA including class of airspace, altitude level and

potential transponder requirements.

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

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart

C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA must comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Administrator or any law

enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

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

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

persons (persons other than the PIC, SO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease

immediately and/or;

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

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

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).19 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.**

Brilliant Media Corporation 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 and 3D Robotics IRIS+ 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 or 3D Robotics IRIS+ UAS in a manner consistent with the exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering Brilliant Media Corporation’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 or 3D Robotics IRIS+ UAS,

Brilliant Media Corporation submits that the additional manned airmanship experience of a

commercially certificated pilot would not correlate to the airmanship skills necessary for

Brilliant Media Corporation’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).

Brilliant Media Corporation will not allow any PIC to operate the DJI Phantom 3 or

3D Robotics IRIS+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the DJI Phantom 3 or 3D Robotics IRIS+ UAS training and currency

requirements, that the PIC is able to safely operate the DJI Phantom 3 or 3D Robotics IRIS+

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.)20 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 Brilliant Media Corporation’s proposed operations. The Administrator has held

that prior documented flight experience that was obtained in compliance with applicable

regulations would ensure safe operations, stating as follows:

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

purpose of motion picture filming (or similar operations), the PIC must have accumulated and

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

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS.

Prior to operations under Exemption No. 11062, the PIC must also have accumulated

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

to be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model

time may be included in the 10 hours of 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 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, Brilliant Media Corporation will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 or 3D Robotics IRIS+ 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 or 3D Robotics IRIS+ 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, Brilliant Media Corporation will ensure that the DJI Phantom 3 or 3D Robotics

IRIS+ 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).21 **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 and 3D Robotics IRIS+ UAs will be provided to

the PIC via GPS equipment and a radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path and altitude. This altitude

information, combined with Brilliant Media Corporation’s operation of the DJI Phantom 3 and

3D Robotics IRIS+ 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

similar circumstances, 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 and 3D

Robotics IRIS+ UASs; (2) the limitations on the proposed flight operations; and (3) the location

of the proposed flight operations. Accordingly, Brilliant Media Corporation will ensure that it

will safely operate the battery powered DJI Phantom 3 and 3D Robotics IRIS+ UAs during

daylight hours in VFR conditions, with enough battery power to fly for a total duration of

approximately 8-14 minutes takeoff to landing, leaving 4.5 minutes reserve.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3

and 3D Robotics IRIS+ 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 and 3D Robotics

IRIS+ 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 3 and 3D Robotics IRIS+ 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, 1161).22 **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, Brilliant Media Corporation 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 Brilliant Media Corporation 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 Brilliant Media Corporation Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and 3D Robotics IRIS+

Instruction Manual). Furthermore, Brilliant Media Corporation will document and maintain all

maintenance records for the DJI Phantom 2 and 3D Robotics IRIS+ UASs.

Since the DJI Phantom 3 and 3D Robotics IRIS+ UASs will be inspected as prescribed

by the operating documents, Brilliant Media Corporation 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 and 3D Robotics IRIS+ User Manuals are attached hereto as Exhibit C and D; a

copy of 3D Robotics IRIS+ FPV Liveview kit is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because Brilliant Media

Corporation 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 maintenance of the

DJI Phantom 3 and 3D Robotics IRIS+ UASs will be performed by trained technicians.

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 Brilliant Media Corporation’s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 3 and 3D Robotics IRIS+

UASs, Brilliant Media Corporation submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

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

**7. The FAA May Prescribe Any Other Conditions For Safe Operation.**

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Brilliant Media Corporation

requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 3 and 3D Robotics IRIS+ UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by23 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 and 3D Robotics IRIS+ 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 Brilliant Media Corporation’s intended operation of the

DJI Phantom 3 and 3D Robotics IRIS+ 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).

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

**Brilliant Media Corporation Seeks Exemption:**

Brilliant Media Corporation 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 Brilliant Media Corporation Seeks:**

This exemption will permit Brilliant Media Corporation to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas

of the United States.24 **G. Any Additional Information, Views, Or Arguments Available To Support Brilliant Media**

**Corporation’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, Brilliant Media Corporation’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, Brilliant Media Corporation will operate the DJI Phantom 3

and 3D Robotics IRIS+ 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, Brilliant Media Corporation seeks an exemption pursuant to 14C.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 and 3D Robotics IRIS+ 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 and

Reform Act of 2012, while also advancing the interests of the public, by allowing Brilliant Media Corporation

to safely, efficiently, and economically operate the DJI Phantom 3 and 3D Robotics IRIS+ UASs commercially

within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and

Reform Act of 2012, Section 333, Brilliant Media Corporation 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 Brilliant Media

Corporation to operate the DJI Phantom 3 and 3D Robotics IRIS+ UASs commercially for the purpose of

conducting aerial video and photography over certain areas of the United States.

Dated: September 24, 2015

Respectfully Submitted

Brilliant Media Corporation

_________________________ Terence M. Young

Brilliant Media Corporation, President

900 Meadowhill Court,

Chesapeake, VA 23320

Tel: (757) 549-476425 EXHIBITS:

A – DJI Phantom 3 Manufacturer’s User Manual

B – 3D Robotics IRIS+ Manufacturer’s User Manual

C – 3DR Liveview FPV kit Manufacturer’s User Manual26