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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: THE BARKING 

BEAST, LLC 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 PROFESSIONALL AND DJI 

INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO

SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on January 12, 2016

The Barking Beast, LLC

Statutory Agent: Gregery T. Watson

1815 Deer Crossing Drive

Marysville, OH 43040

614-309-2083

gregwatson38@gmail.com
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Contents

GLOSSARY......................................................................................................................................................3

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

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

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

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

A. Name and Address of the Petitioner. ...................................................................................................6

B. The Specific Sections of 14 C.F.R. From The Barking Beast, LLC Seeks Exemption.............................6

1. Extent Of Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC Seeks Relief

From Section 61.113(a) And (b). ...............................................................................................................9

2. Extent Of Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

Seeks Relief From Section 91.7(a).............................................................................................................10

3. Extent Of Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC Seeks Relief

From Section 

91.121......................................................................................................................................................10

4. Extent Of Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC Seeks Relief

From Section 91.151(b)............................................................................................................................10

5. Extent Of Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC Seeks Relief

From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). ......................................................11

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 

The Barking Beast, LLC Seeks Exemption. ..............................................................................................13

CONCLUSION...............................................................................................................................................22

APPENDICES: ...............................................................................................................................................23
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GLOSSARY

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

The Barking Beast, LLC 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 The Barking Beast, LLC to operate an Unmanned Aircraft System (UAS)

for the commercial purpose of conducting aerial video and photography of construction sites, real estate,

and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The Barking Beast, LLC is a limited liability company that has been conducting business in the Central Ohio 

area since 2011. The Barking Beast, LLC works mostly in a consulting role advising and assisting real estate 

related businesses in the Central Ohio area with their advertising efforts.

The Barking Beast, LLC is currently located in Marysville Ohio and is situated approximately 35 miles 

northwest of Columbus Ohio. Columbus is the capitol city of Ohio and has unique real estate offerings as 

well as geographical features worthy of aerial photography and video. 

The objective of The Barking Beast, LLC and its aerial operations are to provide high quality imaging for a

variety of commercial, public, and residential uses, specifically targeting:

Real-Estate:

Property Appraisals

Marketing

Construction Industry:

Sites before, during and after

Environmental Assessment’s

Safety Inspections

Marketing

Motion Picture Filming

Aerial acquisitions used for inspections of public and private structures. 

Search and Rescue operations
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BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional.

The Barking Beast, LLC seeks an exemption to operate DJI systems for compensation or hire within the

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

a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has

a maximum gross weight of approximately 2 pounds 13 ounces, while having a length of 16 inches width

of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a 

maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of

11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professional and DJI 

Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors.

The DJI Phantom 3 Professional DJI Inspire 1 UA that will be operated by The Barking Beast, LLC will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, The Barking Beast, LLC, 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 Professional, DJI Inspire 1 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, The Barking Beast, LLC’s operation of DJI Phantom 3 Professional and the DJI 

Inspire 1 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, The Barking Beast, LLC 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.

The Barking Beast, LLC submits that the requested relief is proper since an equivalent level of safety will be

ensured. The Barking Beast, LLC will use experienced personnel or technicians to perform maintenance,

alterations, or preventive maintenance on the UASs using the methods, techniques, and practices

prescribed in the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional and

the DJI Inspire 1 Instruction Manual). Furthermore, The Barking Beast, LLC will document and maintain all

maintenance records for the DJI Phantom 3 UAS.

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

limitations: Pilot in command, is requested by The Barking Beast, LLC 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 Professional and the DJI Inspire 1 UAS in a manner
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consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from people, vessels, vehicles and structures.

The Barking Beast, LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI

Phantom 3 UAS does notrequire an airworthiness certificate in accordancewith 14 C.F.R. Part 21, Subpart H.

Assuch, The Barking Beast, LLC submits that he will ensure that the DJI Phantom 3 and the DJI Inspire 1 UAS

is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the

operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional and the DJI Inspire 1

Instruction Manual), and that the aircraft are in a condition for safe flight.

The Barking Beast, LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter

Settings, as the DJI Phantom 3 Professional and the DJI Inspire 1 UA will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 3 Professional and the DJI Inspire 1

UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications

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

altitude information, combined with The Barking Beast, LLC’s operation of the DJI Phantom 3 Professional 

and the DJI Inspire

1 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, The Barking Beast, LLC seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirementsfor flight in VFR conditions. The Barking Beast, LLC submitsthatsafety will not be

affected by operation of the DJI Phantom 3 Professional and the DJI Inspire 1 UA during daylight hours in

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for

a total duration of approximately 23 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, The Barking Beast, LLC 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:

The Barking Beast, LLC

Statutory Agent: Gregery T. Watson

Marysville, OH 43040

614-309-2083

gregwatson38@gmail.com

B. The Specific Sections of 14 C.F.R. From Which The Barking Beast, LLC Seeks Exemption.

1. The Barking Beast, LLC 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:
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(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. The Barking Beast, LLC 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. The Barking Beast, LLC Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

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

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

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

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

100 nautical miles of the aircraft;

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

section, the current reported altimeter setting of an appropriate available station; 

or

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

departure airport or an appropriate altimeter setting available before departure.

4. The Barking Beast, LLC 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. The Barking Beast, LLC 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—
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(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. The Barking Beast, LLC Seeks Exemption From The Requirements Of Section

91.407(a) (1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a) (1), states the following:

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

rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter [.]

7. The Barking Beast, LLC 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. The Barking Beast, LLC 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.
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(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis.
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(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 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 The Barking Beast, LLC Seeks And The Reason The Barking Beast, 

LLC Seeks The Relief.

1. ExtentOf Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

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, The Barking Beast, LLC submits that an equivalent level of safety will be

maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1

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 Professional or DJI Inspire 1 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, The Barking Beast, LLC submits that all flights of the DJI Phantom 3 Professional and DJI Inspire 1

UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to The Barking Beast, 

LLC’s business; and (2) will not carry passengers or property for compensation or hire.
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2. ExtentOf Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

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 

The Barking Beast, LLC to determine that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating

documents (i.e., the The Barking Beast, LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

The Barking Beast, LLC seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1

UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

The Barking Beast, LLC will ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in

airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance

Log, and DJI Phantom

3 Professional and DJI Inspire 1 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. ExtentOf Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

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 Professional and DJI Inspire 1 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), The Barking Beast, LLC

seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 UA’s altimeter may be

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

flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 

extent necessary to comply with the applicable conditions and limitations stated below. As more fully set 

forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional and DJI 

Inspire 1 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. ExtentOf Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

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 Professional and DJI Inspire 1 UAs 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes. The Barking Beast, LLC seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3
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Professional and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo

flight operations that The Barking Beast, LLC proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technicalspecifications of the DJI Phantom 3 Professional and DJI Inspire

1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1 operating documents, and The Barking Beast, 

LLC’s
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proposed operating limitations, ensure that The Barking Beast, LLC will safely operate the battery powered

DJI Phantom 3 Professional and DJI Inspire 1 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 13.5 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes.

5. ExtentOf Relief The Barking Beast, LLC Seeks And The Reason The Barking Beast, LLC

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, The Barking Beast, LLC requests relief from these Sections because the DJI

Phantom 3

Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below,

the DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, The Barking Beast, LLC will use trained

technicians to performmaintenance, alterations, or preventivemaintenance on theUASs using themethods,

techniques, and practices prescribed in the UAS operating documents (i.e., the The Barking Beast, LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction

Manual). Furthermore, The Barking Beast, LLC will document and maintain all maintenance records for

the DJI Phantom 3

Professional and DJI Inspire 1 UASs.

D. The Reasons Why Granting The Barking Beast, LLC 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 The Barking Beast, LLC to safely,

efficiently, and economically perform aerial video and photography of construction sites, real estate, and

landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will decrease congestion of the 

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

Beast, LLC’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be realized 

without implicating any privacy issues.

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

The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional or DJI Inspire 1 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. DJI Phantom 3 Professional and DJI Inspire 1 UAs 

do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video 
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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 Professional and DJI Inspire

1 UASs.
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Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs produce no air pollution, and is the

most viable environmentally conscious alternative to the cabin class,six cylinder internal combustion engine

aircraft that are typically utilized for aerial video and photography, while burning approximately 20-

30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1

UAs (weighing approximately 2 pounds 13 ounces and 6 pounds 7.5 ounces respectively, at their maximum

gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches 

respectively, and with no fuel on board), hasless 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 Professional and DJI Inspire

1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of 

the DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like The 

Barking Beast, LLC, 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 Professional and DJI Inspire 

1

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 Professional and DJI Inspire 1 UASs, companies such as The Barking Beast, 

LLC, 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 Professional and DJI Inspire

1 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, Mike

Hagler’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any
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privacy issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be operated only in 

compliance with operating documents (i.e., the The Barking Beast, LLC Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which requires 

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

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How 

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

Rule From Which The Barking Beast, LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 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, The Barking Beast, LLC’s operation of the DJI Phantom 3 Professional and DJI

Inspire 1 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) Requirementsfor 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, The Barking Beast, LLC submits that the DJI Phantom 3 Professional and DJI

Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification

requirement; and (c) the specific operating limitations.
17

a. The Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs are set forth by the

DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

ii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable

The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs is provided at pages 23-39 of the DJI Phantom 3 Professional and

pages 12-18 and 45-51 of the DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

iii. The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UAs will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI Inspire 1 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 Professional UAS are set forth at 

pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 3 Professional 

and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional and DJI Inspire

1 GCS and flight controlsoftware is provided at pages 40 through 46 of the DJI Phantom 3 Professional User 

Manual and pages 45 through 51 of the DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI 

Inspire 1 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

The Barking Beast, LLC will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3

Professional and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific

Operating Limitations.
18

In seeking this exemption, The Barking Beast, LLC proposes to commercially operate DJI Phantom 3

Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 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. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

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

as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally 

at all times.

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

the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that 

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

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

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

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

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

limitations contained in the grant of exemption and the procedures outlined in the operating documents, 

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

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

may update or revise its operating documents. It is the operator’s responsibility to track such revisions and 

present updated and revised documentsto the Administrator upon request. The operator must also present

updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the 

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

exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents.
19

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

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

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The 

PIC who conducts the functional test flight must make an entry in the aircraft records.

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

items, or equipment, not already covered in the relevant sections of the operating documents.

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

replacement, inspection, and life limit requirements.

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

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized person returning the UAS 

to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical 

certificate.

18. The operator may not permit any PIC to operate unlessthe PIC meetsthe 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 underspecial 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,
20

and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter 

of agreement with the airport management must be made available to the Administrator upon request.

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

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

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

within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions)

there is enough power to fly at normal cruising speed to the intended landing point and land the UA with

25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations under the grant of exemption. This COA will also require the 

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

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

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

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered 

in accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14

C.F.R. part 45, Subpart C. Markings must be as large as practicable.

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

must comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

28. The documentsrequired 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;
21

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard 

to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) 

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

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely

Affect Safety.

The Barking Beast, LLC 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 Professional and DJI Inspire

1 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 Professional or DJI Inspire 1 UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

Considering The Barking Beast, LLC’s proposed area of operations, and the operating limitations set forthabove; 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 Professional or DJI Inspire 1 UAS, The Barking Beast, LLC submits that the additional manned

airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for The Barking Beast, LLC’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.

The Barking Beast, LLC will not allow any PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS

unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 

3

Professional or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate 

the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b),

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

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

to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes).

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

compliance with applicable regulations will ensure an equivalent level of safety during The Barking 

Beast, LLC’s
22

proposed operations. The Administrator has held that prior documented flight experience thatwas 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.

Accordingly, The Barking Beast, LLC will ensure safe operations by not allowing any PIC to operate the DJI 

Phantom 3

Professional or DJI Inspire 1 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 Professional or DJI Inspire

1 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, 

The Barking Beast, LLC will ensure that the DJI Phantom 3 Professional or DJI Inspire 1 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.

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 Professional and DJI Inspire 1 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 The Barking 

Beast, LLC’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 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
23

generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation 

point is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all 

material respects.

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 Professional and DJI Inspire 1

UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, The Barking Beast, LLCwill ensure thatitwillsafely operate the battery powered DJI

Phantom

3 Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to 

fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes.

The technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the 

UAs experiences low battery voltage, the first warning occurring at approximately 33% remaining battery 

power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom Vision+ and DJI Inspire 1 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.

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, The Barking Beast, LLC 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 The Barking Beast, LLC will use trained

techniciansto performmaintenance, alterations, or preventivemaintenance on theUASs using themethods,

techniques, and practices prescribed in the operating documents (i.e., the The Barking Beast, LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction

Manual). Furthermore, The Barking Beast, LLC will document and maintain all maintenance records for

the DJI Phantom 3

Professional and DJI Inspire 1 UASs.

Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as prescribed by the operating 

documents, The Barking Beast, LLC will maintain the equivalent level of safety established by Sections

91.405(a),
24

91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals 

are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS 

Maintenance LOG is attached hereto as Appendix C.
25

Likewise, the exemption sought will not adversely affect safety because The Barking Beast, LLC will use

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections

91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional and DJI Inspire

1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing 

the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical 

characteristics and operating limitations of the UAS are considered.

In consideration of The Barking Beast, LLC’s proposed operating limitations, the operating documents, and

the technical aspects of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, The Barking Beast, LLC

submits thatsafety 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.

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, The Barking Beast, LLC requests that the FAA prescribe special conditions

for the intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, which contain such

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

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

91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation 

of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the 

United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation 

of the DJI Phantom 3 Professional and DJI Inspire 1 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 findsthat the airworthinessregulations of thissubchapter do not contain adequate or appropriate

safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature 

of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such

safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level

of safety equivalent to that established in the regulations. See 14 C.F.R. §

21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special 

conditions for Leading Edge’s intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs,
26

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).

• A Summary That Can Be Published in the Federal Register, stating: The Rules From Which The Barking 

Beast, LLC

Seeks Exemption:

The Barking Beast, LLC 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 The Barking Beast, LLC

Seeks:

This exemption will permit The Barking Beast, LLC to commercially operate an Unmanned Aircraft System

(UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support The Barking Beast, 

LLC’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, The Barking Beast, LLC’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, The Barking Beast, LLC will operate the DJI Phantom 3 Professional and DJI

Inspire 1 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, The Barking Beast, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section

333 of the

FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3

Professional and DJI Inspire 1 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 The Barking Beast, LLC

to safely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs

commercially within the NAS.

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

Act of 2012, Section 333, The Barking Beast, LLC 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),
27

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the 

DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video 

and photography over certain areas of the United States. Dated: March 6, 2015

Respectfully submitted,
28

The Barking Beast, LLC

Statutory Agent: Gregery T. Watson

1815 Deer Crossing Drive

Marysville, OH 43040

614-309-2083

APPENDICES:

A- Flight Operations Log

B- Flight Operations Maintenance Log

C- Authorization to Video Form
APPENDIX A

Flight Operations Flight Log

Pilot in Charge (PIC):

Visual Observer (VO):

Date:

Project Name:

Project Number:

Location

Weather Conditions:

UAS:

Flight Plan:

Challenges:

Flight Notes:

Pre-Flight Checklist: Inspect Surroundings 

Note Flight Plan 

Note Challenges 

Place Warning Signage 

Inspect UAS 

Inspect Batteries 

Tighten props / Install prop locks 

Inspect/tighten all connections 

Review Flight Plan 

Set geo-fence (if applicable) 

Test control inputs 
APPENDIX B

DJI Inspire 1 Flight Operations Maintenance Log

Maintenance Performed by:

UAS: DJI Phantom 3

Date: Notes:

Checklist: Inspect UAS 

Inspect Camera 

Inspect Batteries 

Inspect Cables 

Inspect Charger 

Tighten All Connections 

Inspect Propellers 

Update Software 

Update Firmware 

Calibrate IMU 

Calibrate Compass 

Test Control Inputs 

Charge Batteries 

Additional Notes:
APPENDIX B

DJI Inspire 1 Flight Operations Maintenance Log

Maintenance Performed by:

UAS: DJI Inspire 1

Date: Notes:

Checklist: Inspect UAS 

Inspect Camera 

Inspect Batteries 

Inspect Cables 

Inspect Charger 

Tighten All Connections 

Inspect Propellers 

Update Software 

Update Firmware 

Calibrate IMU 

Calibrate Compass 

Test Control Inputs 

Charge Batteries 

Additional Notes:
APPENDIX C

RE: Authorization to Record Video & Photograph Property

I, legal seller and/or representative, authorize and give permission to The Barking Beast, LLC to

record video and photograph the property commonly known as:

The recorded video and photography is to be used in a manner consistent with the clients 

interests, current real estate marketing strategies and advertising techniques, property 

development, investigation and observation.

Sincerely,

Signature Date

Signature Date