1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASH INGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: Rick Doyle Photography FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS

PUR SUANT TO SECTION 333 OF THE FAA

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on May 29, 2015

Richard J Doyle Rick Doyle Photography

92-1035 Koio Dr. #F Kapolei, Hawaii Tel: (808) 628-05752 TABLE OF CONTENTS

Page

GLO SSARY OF ABBREVIATIONS...................................................................................3

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

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

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

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

NAME AND ADDRESS OF PETITIONE R .............................................................7

THE SPEC IFI C SECTIONS OF 14 C.F.R. FROM WH I CH Rick Doyle

PHOTOGRAPHY SEEKS EXEMPT ION .................................................................8

THE EXTENT OF RELIEF RICK DOYLE PHOTOGRAPHY SEEKS AND THE

REASON RICK DOYLE PHOTOGRAPHY SEEKS THE RELIEF..............

. ..........11

THE REASONS WHY GRANTING RICK DOYLE PHOTOGRAPHY ’S REQUEST

WO UL D BE IN THE PUBLIC INTEREST .........................................................15

THE REASONS WHY GRANTING THE EXEMPT I ON WOULD NOT ADVERSE L Y

AFFECT SAFETY..........................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REG I STER......34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT RICK DOYLE PHOTOGRAPHY’S REQUEST.........34

CONC LUSION....................................................................................................................35

APPEND ICES........................................................................................373 GLOSSARY OF ABBREVIATIONS

AG L Above Ground Level

AO I Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

A V Aerial Vehicle

CFR Code of Federal Reg ulations

COA Certificate of Authorization

FA A Federal Aviation

Administration FA R Federal Aviation

Regulation GCS Ground Control Station

GPS Global Positioning S y stem

LOL Loss of Link

NA S National Airspace S y stem

NOTAM Notice to Airman

P I C Pilot I n C ommand

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

S O Safety Observer

SOP Standard Operating Procedures

U A Unmanned Aircraft

UA S Unmanned Aircraft S y stem

VF R Visual Flight Rules

VLOS Visual L ine of Site

VMC Visual Meteorological Co nditions

VTOL Vertical Takeoff and Landing4 SUMMARY

Rick Doyle Photograp h y 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 S y stem pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit

Rick Doyle Photograp h y to operate an Unmanned Aircraft S y stem (UAS) for the

commercial purpose of conducting aer ial video and photography of construction sites, real

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

Introduction and Interests of Petitioner

Rick Doyle Photograp h y provides its clients with expertise and knowledge in

advanced technologie s and solutions to increase efficienc y , productivity and effectiveness.

Rick Doyle Photograp h y is experienced in all aspects of aerial video and photograp h y . The

objective of Rick Doyle Photograph y ’s aerial video and photograp h y operations utilizing a

UAS is to provide low cost, high quality imaging for a variety o f comm e rcial and

residential customers.

BACKGROUND

Unmanned Aircraft Systems: DJI PHANTOM 3

Rick Doyle Photography seeks an exemption to operate D J I s y stems for

compensation or hire within the NA S. The D J I Phantom 3 is a vertical takeoff and

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS)

utilizing electronic tablet or smart phone s y stems. The D J I Phantom 3

has a maximum gross weight of approximately 2 pounds 8 oun ces, wh ile having a length

of 11.75 inches width of 11.75 inches, (17” with Props and Prop Guards Installed) height5 of 8 inches, and a maximum speed approximat el y 31 knots. The DJ I Phantom 3 is equipped

with four main rotors; driven by L ithiu m Pol y me r batter y p owered electric moto r s.

The D J I Phantom 3 UAS that will be operated b y Rick Doyle Photograp h y will be

registered in accordance with 49 U.S.C. 44103, Registration of Aircra f

t , 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, Rick Doyle Photograp h y , 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 , here b y

petitions the Administrator to commercia l l y operate the D J I Phantom 3 UA S in the National

Airspace S y stem (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 91.4 1 7(a) & (b).

In consideration of the speed, weight, siz e , and limited operating area associated

with the unmanned aircraft and its operation, Rick Doyle Photograph y ’s operation of D J I

Phantom 3 UAS meets the conditions of FMRA Secti o n 333 and therefore, will not require

an airworthiness certificate in accordance w i th 14 C.F.R. Part 21, Subpart H.6 According l y , Rick Doyle Photography requests relief from Sections 91. 405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth

requirements for maintenance that on l y app l y to aircraft with an airworthiness certificate.

Rick Doyle Photograp h y submits that the requested relief is proper si nce an

equivalent level of safe t y will be ensured. Rick Doyle Photography will use experienced

personnel or technicians to perform maintenance, alterations, or preventive maintenance on

the UA S using the methods, techniques, and practices prescribed in the operating

documents (i.e., the Rick Doyle Photography Aerial Operations Manual, Mon thly

Maintenance L o g , and DJ I Phantom 3 Instruction Manual). Furthermore, Rick Doyle

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

UA S

.

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

privileges and limitations: Pilot in comman d

, is requested by Rick Doyle Photography to

the extent necessary to allow a Pilot in Command (P I C) holding a private pilot or high er

level certificate, as well as an airman medical certificate, and who has demonstrated, b y

meeting minimum flight

- hour and currency requirements, that the P I C is able to safe l y

operate the DJI Phantom 3 UA S in a manner consistent with this exempt ion, including

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Rick Doyle Photography seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the DJI Phantom 3 U AS do es not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Rick Doyle

Photography submits that it will ensure that the D J I Phantom 3

UAS is i n an airwort h y condition, prior to every flight

, b y determining th at the UA S ar e in7 compliance with the operating documents (i.e., the Rick Doyle Photography Aerial

Operations Manual, Monthly Maintenance L o g, and DJI Phantom 3

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

Rick Doyle Photo graphy also seeks an exemption from the requirements of Section

91.121, entitled Altimeter Settings , as the DJI Phantom 3 U AS will not have a t y p i cal

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS

will be provided to t he P I C via Global Positioning S y stem (GPS) equipment and radio

communications telemetry data link, which downlinks from the UAS to the GCS for active

monitoring of the flight path. This altitude information, combined with Rick Doyle

Photography ’ s operation of the DJI Phantom 3

UAS within visual line of sight, at or below 5 00 feet AGL, will ensure a lev e l of safe t y

equivalent to Section 91.121.

Additionall y , Rick Doyle Photography seeks an exemption from the requirements

of Section 91.151(b), entitled Fuel r equirements for flight in VFR conditions

. Rick Doyle

Photography submits that safe t y will not be affected b y operation of the D J I Phantom 3

U AS during da y light hours in visual meteorological conditions

(VMC) under visual flight rules (VFR), with enough ba ttery power to fly for a total

duration of approximately 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.8 In accordance with 14 C.F.R. § 11.81, Rick Doyle Photography 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:

R ichard J Doyle D.B.A. Rick Doyle Photography

92-1035 Koio Dr. #F Kapolei, Hi Tel: (808) 628-0575

Email: rick@rickdoyle.com

B. The Specific Sections Of 14 C.F.R. From Whic h Rick Doyle Photography Seeks Exemption.

1. Rick Doyle Photography Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (P IC) 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 emp lo y men t 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. Rick Doyle Photography Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.9 3. Rick Doyle Photography Seeks Exemption From The Requirements Of

Section 91.121.

Section 91.121, entitled Altime ter 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, b y reference to an altimeter that is set, when operating

--

(1) Be low 18,000 feet MS L , 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 re ported altimeter setting of an appropriate available station; or

(iii) I n the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before depa rture.

4. Rick Doyle Photography Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

( b

) No person may begin a flight in a rotorcraft under VFR conditions unless (cons idering 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. Rick Doyle Photography Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required in spections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]10 6. Rick Doyle Photography Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Opera tion after maintenance, preventive maintenance,

rebuilding, or alteration

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

(a) No person may operat e an y airc r aft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unles s

--

(1) It ha s been approved for return to service b y a person authorized under § 43.7 of this chapter[.]

7. Rick Doyle Photography Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

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

(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

be en approved for return to service b y 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. Rick Doyle Photography Seeks Exemption From The Requi rements 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 th e following records for t h e 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 appropr iate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

includ e

--11 (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 airfra m e, each engin e, each propeller, and

each rotor.

(ii) The current status of lif e

- 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 o v erhauled 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 ai rworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or

safe t y directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next act i on is require d.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and current l y installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records f or the period s prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 y e ar 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

appr oved for return to service.12 C. The Extent Of Relief Rick Doyle Photography Seeks And The Reason Rick Doyle Photography Seeks The Relief.

1. Extent Of Relief Rick Doyle Photography Seeks And The Reason Rick Doyle Photography Seeks Relief From Section 61.1 13(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in comman d , is requested to the extent necessary to allow a P I C holding a

private pilot or higher level certifica t e, as well as a current and val id 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)

stat e that a private pilot ma y , for compensation or hire, act as P I C of an aircraft in

connection with a n y business or empl o y m ent if: (1) The fl i g ht is only incidental to that

business or emplo y ment; and (2) The aircraft does not carry passengers or proper t y f or

compensation or hire.

As set forth more ful l y below, Rick Doyle Photography submits that an equivalent

level of safety will be maintained because no P I C will be allowed to operate the D J I

Phantom 3 UAS unless that P I C has met certain flight

- hour and currency requirements,

demonstrating that the P I C is able to safely operate either the DJ I Phantom 3 UAS in a

manner consistent with the operations specifications as described in this exemption,

including evasive and emergency maneuvers, as well as maintainin g appropriate distances

from people, vessels, vehicles and structures.

Further, Rick Doyle Photography submits that all flights of the Phantom 3 U A S , conducted

b y the P I C pursuant to the grant of this13 Petition: (1) will be incidental to Rick Doyle Photo graphy ’ s business; and (2) will not carry

passengers or property for compensation or hire.

2. Extent Of Relief Rick Doyle Photography S eeks And The Reason Rick Doyle Photography Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthines s , is requested to the

extent required to allow Rick Doyle Photography to determine that the Phantom 3 UAS is

an airworth y condition prior to every flight by ensuring that the UAS is in compliance with

the operating documents (i.e., t he Rick Doyle Photography Aerial Operations Manual,

Monthly Maintenance L o g, and DJI Phantom 3

I nstruction M a nual )

.

Rick Doyle Photography seeks the requested relief because the Phantom 3 UA S do es not

require an airworthiness certificate in accordance wit h 14 C.F.R. Part 21, Subpart H.

Therefore, Rick Doyle Photography will ensure that the DJI Phantom 3 UAS are in

airwort h y condition based upon its compliance with the operating documents (i.e., the

Rick Doyle Photography Aerial Operations Manual, Monthly M aintenance Log, and DJI

Phantom 3 Inst r uction Manual) prior to every flight, and further, determine that the aircraft

ar e in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Rick Doyle Photography Seeks And The Reason Rick Doyle Photography Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, ma y be required to allow

flight operations of the DJI Phantom 3 UAS , which utilize a barometric pressure sensor,

GPS equipment, an d a radio communications telemetry data link to downlink altitude

information from the UA to the P I C at the ground control station (GCS). Since the FAA

requires that a n y altitude information concerning UAS operations14 be reported to air traffic control (AT C) in feet above ground level (AGL), Rick Doyle

Photography seeks the requested relief because the D J I Phantom 3

UAS altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or fi e ld altitude, before each flight. Maxi mum Flight altitude

of 400 feet and radius limits and No

- Fly Zone function concurrently to manage

flight safety. For safety reasons. Flights are limited by default, which helps users

operate the aircraft safely and legally. Flight limitations include heigh t limits of

400 feet, Distance Limits and No Fly Zone. If the Phantom 3 flies out of the max

radius or altitude it will fly back within range automatically. See pages 40

– 43 of

the Phantom 3 User manual. Exhibit A.

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 ful l y set forth herein, an equivalent level of safe t y will

be maintained since the DJI Phantom 3 U A is equipped with software , which automatical l y

ensures that the P I C with cannot take the aircraft above 400 f eet or further than a 1.2 mile

radius.

4. Extent Of Relief Rick Doyle Photography Seeks And The Reason Rick Doyle Photography Seeks Relief Fro m 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 U A during da y light hours in visual meteorological conditi ons (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. Rick

Doyle Photography seeks the requested r elief becau se without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAs will15 severe l y constrain the practicality o f any aerial video or still photo flight operations that

Rick Doyle Photography proposes to c onduc t pursuant to this Petition.

Significant l y, as set forth below, the technical specifications of the Phantom 3 UASs, the

DJI Phantom 3 operating documents, and Rick Doyle Photography ’ s proposed operating

limitations, ensure that Rick Doyle Photography will safely operate the battery powered

DJI Phantom 3 UAS during da y light hours in visual meteorological conditions (VMC),

under visual flight rules (VFR), with enough battery power to f l y for a total duration of

13.5 minutes to the first point of intended land ing and, assuming normal cruising speed, to

fl y after that for at least 4.5 minutes.

5. Extent Of Relief Rick Doyle Photography Seeks And The Reason Rick Doyle Photography Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.41 7(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

onl y app l y to aircraft with an airworthiness certificate, Rick Doyle Photography requests

relief from these Sections because the DJI Phantom 3 UA S s do not requi re airworthiness

certificat e s. As set forth more fully below, the DJI Phantom 3

UA S meet s the conditions of FMRA Section 333 for operation without an airworthiness

certificate. According l y , Rick Doyle Photography will use trained technicians to perform

mai ntenance, alterations, or pr eventive maintenance on the UAS using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the Rick Doyle

Photography Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3

Instru ction Manual). Furthermore, Rick Doyle Photography will document and maintain

all maintenance records for the DJI Phantom 3 UAS

.

D. The Reasons Why Granting Rick Doyl e Photography’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.16 Gran ting the present Petition will further the public interest by allowing Rick Doyle

Photography to safe l y, efficiently, and economically perform aerial video and photography

of construction sites, real estate, and landscape over cert ain areas of the United State s

.

Additionall y , use of the DJI Phantom 3 UAS will decrease congestion of the NAS,

reduce pollution, and provide significant benefits to the econo m y

. Notab l y, the benefits of

Rick Doyle Photography’s proposed operation of the D JI Phantom 3 UAS will be realized

without implicating any privacy issues.

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

The DJI Phantom 3 UAs are battery powered and serve as a safe, effi c ient, and

economical alternative to the manned a ircraft traditionally utilized to obtain aerial imager y

.

B y reducing the amount of manned aircraft needed to perform aerial acquisitions, an

exemption allowing the use of a D J I Phantom 3 UAS would reduce the amount of manned

aircraft in the NAS, reduce noi se and air pollution, as well as increase the safe t y of life and

proper t y in the air and on the ground.

Furthermore, b y reducing the number of manned aircraft operating in the NAS,

congestion around airports caused b y arriving and departing aircraft will b e reduced. The

DJI Phantom 3 UAS do es 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 b y 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 UA S

.17 Conducting aerial acquisitions with the DJI Phantom 3

UA S , instead of manned aircraft, will great l y benefit the public by drasticall y reducing the

levels of air and noise pollution generated during traditional aerial video and still

photograp h y flight operations. By using battery power and electric motors, the D J I

Phantom 3 UAS produce s no air p ollution, and is the most viable environmental l y

conscious alternative to the cabin class, six c y linder internal combustion engine aircraft

that are t ypical l y utilized for aerial video and photograph y , while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 UAS , while reducing

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA S is

propelle d b y batter y powered electric motors, rather than an internal combustion engine.

B y using the DJ I Phantom 3 UA S 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, w ill be substantially reduced or complete l y

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the

DJI Phantom 3 UA ( weighing approximately 2 pounds 8 ounces at it’s maximum gross

weights wit h a length of 17 inches and with no fuel on board), has less ph y sical potential

for col lateral damage to life and proper t y on the ground, and in the air, compared to the

manned aircraft that t y picall y conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 4 2 feet, a length of 34 feet, and a fuel

capa city of 180 gallons).18 3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 UA S Will Benefit The Economy.

In addition to being safe and efficient, the D J I Phantom 3

UA S is also an economical alternative to using m anned aircraft t o conduct similar

aerial operations. As such, operation of the DJI Phantom 3

U A S will allow United States based companies, like Rick Doyle Photography , to remain

competitive and contribute to growth of the U.S. econom y . Specifical l y, with the rising

cost o f 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 UAS 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.

B y operating the DJI Phan tom 3 UA S , companies such as Rick Doyle

Photography , can remain competitive and profitable, and therefore, provide greater job

stability t o emplo y ees and contractors, which will ultimately contribute to growth of the

U.S. econom y . Improved financial perfor mance of U.S. companies, through commercial

use of the DJI Phantom 3 UA S , 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, Rick Doyle Photography’s proposed ope r ation of the D J I Phantom 319 UAS will not implicate any privacy issues. Specifical l y , th e Phantom 3 UA S will be

operated only in compliance with operating documents (i.e., the Rick Doyle Photography

Aeri a l Operations Manual, Monthly Maintenance L o g, and DJI Phantom 3 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 W ould 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 Rick Doyle Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UA S Meet The Conditions Of The FAA

Moder nization 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, Rick Doyle Photography’s operation of the

DJI Phantom 3 UAS meet the condi tions 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 considerin g whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national securi t y.

Specifical l y, 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 requir ed by section 332 of this A c t or the guidance required by section 334 of this Act.20 ( b

) Assessment of Unmanned Aircraft Systems.

- - In making the determination under

subsection (a), the Secretary shall determine, at a minimu m

--

( 1

) which types of unmanned a ircraft 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 sy s tem 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

iden tified 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, Rick Doyle Photography submits that the Phantom 3 UA S can operate safely in the NAS pursuant to FMRA Sec t ion

333, as demonstrated b y : (a) the characterist ics of the DJI Phantom 3 UA S ; (b) the

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

a. The Specifications Of The DJI Phantom 3

UA S s Demonstrate Its Safe Characteristics.

The DJI Phantom 3 UAS do es not create a hazard to user s of the NAS or the public,

or otherwise pose a threat to national securi t y considering its

size, weight, speed, and operational capabilit y

.

i. Technical Specifications Of The DJI Phantom 3 UA S

.

The technical specifications of the DJI Phantom 3 UA S are s et forth b y th e DJI

Phantom 3 Specifications and Data Sheet, attach e d hereto as Exhibit s B and C.21 ii. The DJI Phantom 3 UA S Autonomous Flight And Navigation

Modes Enable The UA S To Remain Within A Defined Operational

Area.

The DJI Phantom 3 UAS ma y be op erated in both manual and ful l y autonomous

flight modes. A complete description of the flight and navigational modes of the DJI

Phantom 3 UA S is provided at pages 11

- 12 and 40

- 46 of the D J I Phantom 3.

User Manual , attached hereto as Exhibit A

.

iii. The DJ I Phantom 3 UA S Is Designed For Automatic Return To

Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the C ontrol L ink is lost, the DJI Phantom 3 UAs will remain stationary , in

flight, for 3 seconds or more. If, after 3 seco nds, the D J I Phantom 3

U AS do es not reacquire control link data from the GCS, the U A s will assume that the

Control L ink is lost and the U A s will return to the home position (i.e., failsafe mode) via

GPS, and will descend to the takeoff position and shutdow n.

A complete description of the Failsafe Functions of the D J I Phantom 3 UA S is set

forth at pages 14 through 15 of the DJI Phantom 3 User Manual, attached hereto as

Exhibit A

.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the ope ration and specifications of the Phantom 3 GCS and

flight control software is provided at pages 11 through 17 of the DJI Phantom 3 User

Manual attached hereto as Exhibit A.22 attached hereto as Exhibit A.

b. Flight Operations Of DJI Phantom 3 UA S IS Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Rick Doyle Photography will only utilize certificated pilots who possess a current

and valid airman medical certificate to act as a pilot in command (P I C) of the D J I Phantom

3 UA S . Additionall y , a safe t y obs e rver will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 UA S Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Rick Doyle Photography proposes to commercially

oper ate DJI Phantom 3 UA S 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 t he following aircraft described in the opera ting documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: D J I Phantom 3

Unmanned Aircraft S y s tems. Proposed operations of a n y other aircraft w ill require a new petition or a petition to a mend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograp h y

.

3. The U A S ma y not be flown at an indicated airspeed exceedi n g 20 knots.

4. The UA S must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y AT C . All altitudes reported to ATC must be in feet AGL.

5. The U A s must be ope rated within visual line of sight (VLOS) of the P I C at all times. This requires the PIC to be able to use human vision unaided by a n y device other than corrective lenses, as spec i fied on the P I C’s FAA

- issued airman

medical certificate.23 6. The use of first person view (FPV) b y the P I C o r safe t y observer ( S O) is not permitted.

7. All operations must utilize a safe t y observer (SO). The S O ma y be used to satisfy the VLOS requirement as long as the PIC alwa y s maintains V L O S capabilit y

. The S O and P I C must be a ble 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 tra n sfer his or her designation for the duration of the flight. Th e P I C must ensure that the S O can perform the functions prescribed in the operating documents.

8. The S O must not perform any other duties be y ond assisting the P I C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitte d to operate the camera or other instruments.

9. The operating documents and the gra n t of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitatio ns contained in the grant of exemption and the procedures outlined in the operating d o cuments, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as

ou tlined in its operating documents. The operator may update or revise its operating do c uments. 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 pr esent 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 petitio n for amendment to its grant of exemption. The FAA’s UAS I ntegration Office (AF S

- 80) m a y be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the P I C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects t h e 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 saf e flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be proper l y 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 P I C who conducts the functional test flight must make an entry in the aircraft records.

12. The pr e

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not a lrea d y covered in the relevant sections of the operating documents.24 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replaceme nt, 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/overhau l 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 UA S s operated under this exemption must comply wi th all manufacturer Safety Bulletins.

16. The authorized person must make an e ntr y in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The P I C must possess at least a private pilot certificate a nd at least a current

third

- class medical certificat e

.

18. The operator may not permit any PIC to operate unless the P I C meets the operator’s qualification criteria and demonstrates the ability to safe l y operate
the UAS in a manner consistent with how th e 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

per mitted under the terms of the exemption. However, training operations may

onl y be conducted during dedicated training sessions. During training, proficienc y , and experienc e

- buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the P I C 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 und e r 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 spe cial 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 ob tained, 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.25 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

P I C.

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

determined location within the planned operati ng area and land or be recovered in accordance with the operating documents.

23. The P I C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The P I C is prohibited from beginning a fli ght 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 (A TO) issued Certificate of Waiver or Authorization (COA) prior to conducting a n y 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

h ours 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 conducti ng 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 a n y time the UAS is operating. These documents must be made available to the

Administrator or a n y law enforcement official upon request.

29. The UA must remain clear a nd y i eld the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be ope r ated b y the PIC fr o m any moving device or vehicle.

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

per sons (persons other than the P I C, S O, operator trainees or essential persons), vessels, vehicles, and structures unl e ss:26 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 P I C has made a safe t y assessment of the risk of operating closer to those objects and determin ed that it does not present an undue hazard, and;

c. Operations nearer to the P I C, S O, 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 controlle d

- 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 opera tion 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 (AF S

- 80) within 24 hours. Accidents must be reported to the National Transportation Safe t y 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.

Rick Doyle Photography s ubmits that the equivalent level of safe t y established by

Section 61.113(a) and (b) will be maintained because no P I C wi l l be allowed to operate the

DJI Phantom 3 UA S unless that P I C has demonstrated, by meeting minimum flight

- hour

and currency requirement s, that the P I C is able to safe l y operate the D J I Phantom 3 UAS in

a manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Rick Doyle Photography’s ’ s proposed area of operations, and

the operating limitations set forth

- above; the parallel nature of private pilot

aeronautical27 knowledge requirements to those of commercial pilot requirements ( See Exemption No.

11062); and the airmanship skills necessary to safely operate the D J I Phantom 3 UAS,

Rick Doyle Photography submits that the additional manned airmanship experience of a

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

Rick Doyle Photography ’s ’ s spe c ific 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, 1 1066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161 )

.

Rick Doyle Photography’s will not allow any PIC to operate the D J I Phantom 3

UAS unless that P I C has demonstrated, by meeting minimum flight

- hour req uirements or

the D J I Phantom 3 UAS training and currency requirements, that the P I C is able to safely

operate the D J I Phantom 3 UAS in a manner consistent with this exemption, including

evasive and emergency maneuvers and maintaining app r opriate distances from people,

vessels, vehicles and structures.

Specifical l y, the P I C 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 pi lot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

th e P I C must accomplish 3 takeoffs and landings in the preceding 90 da y s (for currency

purpos e s).28 As in E x emption Nos. 11062 , 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safe t y durin g Rick Doyle Photography’s proposed operations. The

Administrator has held that prior document ed 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 si milar 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 op e rations under E xemption No. 11062, the

P I C 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 requiremen ts 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 requirement s , the

P I C must accomplish 3 takeoffs and landings in the preceding 90 da y s (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 necess a r y to safely co nduct 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, proficienc y , and experienc e

- building flights can al so be conducted under the grant of exemption to accomplish the required flight time. During training, proficienc y , and experienc e

- building flights the P I C is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exempti on No. 11138 at page 15.

According l y , Rick Doyle Photography will ensure safe operations by not allowing

an y PIC to operate the DJ I Phantom 3 UAS unless that P I C has demonstrated, b y meeting

minimum flight

- hour and currency requirements, that the P I C is a ble to safe l y operate the

Phantom 3 UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.29 3. Reasons Why An Exemption From The Requirem ents Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.7(a) will be maintained

because prior to every flight, Rick Doyle Photography will ensure that the DJ I Phantom 2

Vision+ or D J I Inspire 1 U AS is in an airwort h y condition based upon the UAS’s

compliance with its operating documents and as stated in the co n ditions and limitations

herein.

Additionall y , the FAA has previously granted relief from Section 91.7(a) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safe t y established b y Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3 U As will be provided to the P I C 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 Rick Doyle Photography’s ’ s oper a tion

of the DJI Phantom 3 U A s within visu al line of sight, at or below

500 feet AGL, will ensure a level of safe t y equivalent to Section 91.121. The altitude

information will be generated b y GPS equipment installed onboard the ai r craft. Prior to

each flight, a zero altitude initiation point is au tomatically established by the UA S s at

ground level.

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

circumstances similar, in all material respects, to those presented herein (e.g. Exemption30 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 UAS s; (2) the limitations on the proposed flight operations; and (3) the location

of the proposed flight operations . According l y , Rick Doyle Photography will ensure that it

will safely operate the battery powered D J I Phantom 2

Vision+ and D J I Inspire 1 U As during da y light hours in V FR conditions, with enough

batter y 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 minute s

.

Here, as in Exemption No. 11109, the technical sp e cifications of the Phantom 3 UA S s; the

limitations on the proposed flight operations; and the location of the proposed operations,

will ensure an equivalent level of safety established b y

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Phantom 3 UA S s

provide audible and visual warnings to the P I C at the GCS when the U A s experiences low

battery voltage, the first warning occurring at approximately 33% rem a ining battery power,

and again at approximately 1 0% remaining batter y power. At the critically lo w batter y

level, the D J I Phantom Vision+ and D J I Inspire

1 UASs will des cend and land automaticall y

.

Significant l y, previous exemptions granted b y the FAA concerning Section 91.151

establish that safe t y is not adverse l y affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned31 aircraft to operate at less than the minimums prescribed in Section 91.151, inclu ding

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances simi lar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

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, Rick Doyle Photography submits that the equivalent

level of safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(1), 91. 4 09(a)(1) & (a)(2), and 91.417(a) & (b)

will be met because Rick Doyle Photography will use trained technicians to perform

maintenance, alteratio ns, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the operating d ocuments (i.e., the Rick Doyle

Photography Aerial Operations Manual, Monthly Maintenance L o g, and DJI Phantom 2

Vision+ and D J I Inspire 1 I n struction Manual). Furthermore, Rick Doyle Photography will

document and maintain all maintenance records for the DJI Phantom 3 UA S s.

Since the DJI Phantom 3 UA S s will be inspected as prescribed b y the

operating documents, Rick Doyle Photography will maint ain the equivalent level of

safe t y established by Sections 91.405(a), 91.4 0 9(a)(1), and

91.409(a)(2). A co p y of the DJI Phantom 3 User Manua l is attached hereto as Exhibit A ; a

co p y o f th e DJI Phantom 3 UAS Maintenance LO G is attached hereto as Exhibit C

.32 Likewise, the exemption sought will not adverse l y affect safety because Rick Doyle

Photography will use trained technicians to perform maintenance, alterations or preventive

maintenance on the UAS using the methods, techniques, and practices prescribed by the

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safe t y

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3 UAS s will be p er formed b y trained technicians. Ma intenance will be

documented and maintained utilizing the monthly maintenance log.

Significant l y, previous exemptions granted b y the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & ( b) establish that safe t y is

not a dverse l y affected when the technical characteristics and operating limita t ions of the

UAS are considered.

In consideration of Rick Doyle Photography’s ’ s proposed operating limitations, the

operating documents, and the technical aspects of the DJI Phantom 3 UA S s, Rick Doyle

Photography submits that safe t y will not be adverse l y affected b y 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 F A A 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 Pr escribe 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, Rick Doyle Photography33 requests that the FAA prescribe special condi tions for the intended operation of the DJI

Phantom 3 UAS s, which contain such safe t y standards that the Administrator finds

necessary to establish a level of safe t y equivalent to that established b y

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 U A s 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 autho rity for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe o peration 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 UAS s, since the airworthiness regulations of

14 C.F.R. Part 21 do not contain adequate or appropriate safe t y standa r ds, 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 safe t y 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 necessar y to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.34 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

ma y prescribe special co nditions for L eading Edge’s intend e d operation of the DJI

Phantom 3 UAS s, which contain such safe t y standards that the

Administrator finds necessary to establish a level of safe t y equivalent to that established b y

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 Rick Doyle Photography Seeks Exemption:

Rick Doyle Photography seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Rick Doy le Photography Seeks:

This exemption will permit Rick Doyle Photography to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G

. Any Additional Inform ation, Views, Or Arguments Available To Support Rick Doyle Photography’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(F MRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, Rick Doyle Photography’s request for

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C. F .R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whet her a UAS will

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

securi t y ; and further, provides the authority for such UAS to operate without airworthiness

certification.35 As discussed in detail above, Rick Doyle Ph otography will operate the D J I Phantom

3 UA S s safe l y in the NAS, without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national securi t y.

CONCLUSION

As set forth herein, Rick Doyle Photography seeks an exemption purs uant 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

UA S s commercial l y, without an airworthiness certificate, for the limited purpose of

conducting aerial v ideo 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, b y allowing Rick Doyle Photography to safe l y, efficient l y, and economically

operate the DJI Phantom 3 UA S s commercially within the NAS.

WHEREFOR E , in accordance with the Federal Aviation Regulations and the FAA

Modernization a nd Reform Act of 2012, Section 333, Rick Doyle Photography respectful l y

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 L eading Edge to operate the DJI

Phantom 3 UAS s commercial l y for the purpose of conducting aerial video and

photography over certain areas of the United States.

Dated: March 2, 201537 APPENDIX

– A

DJI PHANTOM 3 TECHNICAL S PECIFICATIONS

Rick Doyle Photograp h y onl y utilizes safe and reliable UASs. D J I is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters are set to limit flight to no higher than a predetermined and set altitude of 400 feet as well as

limit f light to a set distance of 1.2 miles. In addition, DJI software provides rea l

- time

altitude and location information to the P I C via the linked monitor (smart phone/tablet devices)

DJI Phantom 3

**Aircraft**

**Weight (including battery and propellers)**

1280 g

**Diagonal size (including propellers)**

590 mm

**Max Ascent Speed**

5 m/s

**Max Descent Speed**

3 m/s

**Hover Accuracy**

• Vertical: +/

- 0.1 m ( when Vision Positioning is active) or +/

- 0.5 m

• Horizontal: +/

- 1.5 m

**Max Speed**

16 m/s (ATTI mode, no wind)

**Max Altitude Above Sea Level**

6000 m

**Operating Temperature**

0°C to 40°C38 **GPS Mode**

GPS/GLONASS

**Camera Sensor** 

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

**Lens**

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

**ISO Range**

100

- 3200 (video) 100

- 1600 (photo)

**Shutter Speed**

8s

- 1/8000s

**Image Max Size**

4000 x 3000

**Still Photography Modes**

• Single Shot

• Burst Shooting: 3/5/7 shots

• Auto Exposure Bracketing (AEB): 3/5

• Bracketed Frames at 0.7EV Bias

• Time

- lapse

**Video Recording Modes**

**Phantom 3 Professional**

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60

**Supported SD Card Types**

Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required

**Max Bitrate of Video Storage**

**Phantom 3 Professional**

60 Mbps39 **Supported File Formats**

• FAT32/exFAT

• Photo: JPEG, DNG

• Video: MP4, MOV (MPEG

- 4 AVC/H.264)

**Operating Temperature**

0°C to 40°C

**Gimbal Controllable Range** 

Pitch

- 90° to +30°

**S tabilization** 

3

- axis (pitch, roll, yaw)

**Vision Positioning**  **Max Velocity**

Less than 8 m/s (when 2 m above ground)

**Altitude Range**

30 cm

- 300 cm

**Operating Range**

30 cm

- 300 cm

**Operating Environment**

Surface with clear pattern and adequate lighting (Lux > 15)

**Remo te** 
**Controller Operating Frequency** 

2.400 GHz

- 2.483 GHz

**Max Distance**

2000m (outdoors and unobstructed)

**Video Output Port**

USB

**Operating Temperature**

0°C

- 40°C

**Battery**

6000 mAh LiPo 2S40 **Mobile Device Holder**

For tablet or phone

**Receiver Sensitivity (1%PER)**

- 101 d Bm ±2 dBm

**Transmitter Power (EIRP)**

• FCC: 20 dBm

• CE: 16 dBm

**Working Voltage**

1.2 A @7.4 V

**Battery Charger**  **Voltage**

17.4 V

**Rated Power**

**Phantom 3 Professional**

• 100 W

**Intelligent Flight Battery**  **Capacity**

4480 mAh

**Voltage**

15.2 V

**Battery Type**

LiPo 4S

**Energy**

68 Wh

**Net Weight**

365 g

**Max Flight Time**

Approximately 23 minutes41 **Operating Temperature**

- 10°C to 40°C

**Max Charging Power**

100 W

**App / Live**

**View Mobile App** 

DJI Pilot

**EIRP**

100mW

**Live View Working Frequency**

2.4GHz ISM

**Live View Quality**

720P @ 30fps (depending on con ditions and mobile device)

**Latency**

220ms (depending on conditions and mobile device)

**Required Operating Systems**

• iOS 8.0 or later

• Android 4.1.2 or later

**Recommended Devices**

• iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi

- Fi + Cellular, iPad

m ini 2, iPad mini 2 Wi

- Fi + Cellular, iPad Air 2, iPad Air 2 Wi

- Fi + Cellular, iPad
mini 3, and iPad mini 3 Wi

- Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 6 Plus

• Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus
9, Mi 3, Nubia Z7 mini

• *Support for additional Android devices available as testing and development

continues42 APPENDIX

– B

Phantom 3 user

Manual (attached)43 APPENDIX

– C

Monthly

Maintenanc
e	Log

Dat

e

Disc Date

Addres

sed Item	Description	/	Maintenance

Conducted Maintenance

Preformed
by Print/Sign

Software
Updates 5/1
8/1

5 5/18/1

5 upgrade	to	1.08 Rdoyle
5/2
3/1

5 5/26/1

5 upgrade	to	1.09 Rdoyle

Airframe

Engines

Propellers

Camera

Gimbal

Landing

Gear

Vibration
Dampening

Other: 5/2
5/1

5 5/27/1

5 sent	to	factory	reps	in	LA	C A		to have	Flight	Data	Recorder

Checked