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 Air 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) 549-4764
TABLE OF CONTENTS

 Page

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

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

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

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

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

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

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

2
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

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

3
4

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 ensure 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 and 
6

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 retained
9

 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 conscious
12

 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 by 
23

 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) 549-4764
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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 Manual
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