UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

Regulatory

Docket No. _______________

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

**JOHN D HANSARD**

**FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),** 

**91.409(a)(1) & (a)(2), AND 91.417(a) & (b)** 
**CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3**  **and**

**INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS** 
**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112**
**- 95)** 

Submitted on December 1 5 , 2015 4pm
JOHN D HANSARD 207 N. Wieser Street Hamilton, TX 76531 Tel: ( 817 ) 821

- 50002 **TABLE OF CONTENTS** Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY...................................................................................................................... .....4
IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND................

.................................................................................................... 4
BASI S FOR PETITION......................................................................................................... 5
NAME AND ADDRESS OF PETIT IO NER............................................................. 6
THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH JOHN D HANSARD SEEKS EXEMPTI ON

................................ ................................ .............................. 6
THE EXTENT OF RELIEF AND THE REASON JOHN D HANSARD SEEKS THE RELIEF

................................ ................................ ................................ ............ 9
THE REASONS WHY GRANTING JOHN D HANSARD ’S REQUEST WOULD BE IN THE PUBLIC IN TEREST

................................ ................................ .......... 12
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY.......................................................................... 13
SUMMARY THAT CAN BE PUBLISHED INTHE FEDERAL REGI STER...... 25 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT JOHN D HANSARD ’S REQUEST

....................... 25
CONCLUSION..................................................................................................................

.. 26
APPENDI CES........................................................................................ 273 **GLOSSARY OF ABBREVIATIONS**
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning Sy stem LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pil ot 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY**
JOHN D HANSARD 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 ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit JOHN D HANSARD to operate Unmanned Aircraft Sy stem s (UAS) for the commercial purpose of conducting aerial video and photography of real estate, agriculture , ranch and wildlife survey s and wedding and private parties over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**
JOHN D HANSARD will provide his clients with aerial photo s and video s
. JOHN D HANSARD is an experienced UA pilot and video grapher/p hotograph er
. He holds a private pilot certificate and has an excellent knowledge of aviation safet y, airspace and altitude regulations

. The UAS will be used to produce aerial video and photograph s for:

 Real estate
 Commercial Sites

 Agriculture

 Ranch and Wildlife Survey s

 Weddings and Private Parties

**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 3 Professional UAS

and DJ I Inspire 1 UAS
JOHN D HANSARD seeks an exemption to operate DJ I sy stems for compensation or hire within the NAS. The DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS are vertical takeoff and landing (VTOL) Unmanned Aircraft UA with Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I Phantom 3 Professional has a maximum gross weight of approximately 2 .82 pounds (1280 grams) , while having a length of 23.22 inches , width of 23.22 inches, height of 7.25 inches ( including propellers ) and a maximum speed of approximately 31 knots (16m/s)

. The DJ I Inspire 1 has a maximum gross weight of approximately 6 .46 pounds (2935 grams) , while having a length of 23.7 4 inches, width of 24. 25 inches, height of 11. 85 inches ( including propellers ) and a maximum speed of approximately 42 knots (22m/s)

. The DJIPhantom 3 Professional (UA ) and DJIInspire 1 (U A ) are equipped with four main rotors; driven b y Lithium Poly

mer battery

powered electric motors.5 **BASIS FOR PETITION** Petitioner, JOHN D HANSARD , 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 , hereb y petitions the Administrator to commerciall y operate the DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA in the National Airspace Sy 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 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, JOHN D HANSARD ’s DJ I P hantom 3 Professional UAS and the DJ I Inspire 1 UAS meet the conditions of FMRA Section 333 and therefore, will not require airworthiness certificate s in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, JOHN D HANSARD requests relief from Secti ons 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 onl y appl y to aircraft with an airworthiness certificate. JOHN D HANSARD submits that the requested relief is proper sin ce an equivalent level of safety

will be ensured. JOHN D HANSARD will use experienced personnel and/ or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the oper ating documents (i.e., Monthly Maintenance Log , and DJ I Phantom 3 Professional Instruction Manual and the DJIInspire 1 Instruction Manual ). Furthermore, JOHN D HANSARD will document and maintain all maintenance records for the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA)

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command is requested by JOHN D HANSARD to the extent necessary

to allow a Pilot in Command (PIC) hol ding at least the FAA mi n imum pilot requirements in effect for commercial drones at the time of operations

. C urrently , the PI C must hold a private pilot or higher level certificate, as well as an airman medical certificate, and must demonstrate by meeting minimum the flight

- h our and currency requirements that he or she is able to safel y operate the DJ I Phantom 3 Professional (UA ) and /or the DJ I Inspire 1 (UA) in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. JOHN D HANSARD seeks relief from Section 91.7(a), entitled Civil aircraft airworthin ess , because the DJ I Phantom 3 Professional UAS and the DJ I In spire 1 UAS do not require airworthiness certificate s in accordance with 14 C.F.R. Part 21, Subpart H. As such, JOHN D HANSARD submits that he will ensure that the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) are in airworthy condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) Instruction Manual), and that the aircraft is in a condition for safe flight. JOHN D HANSARD also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 3 Professional UA S and the DJ I Inspire 1 UA S wil l not have a t ypical barometric altimeter onboard. However, altitude information of the DJ I Phantom 3 Professional ( UA ) and DJ I Inspire 1 ( UA ) will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio6

communications telemetry data link, which downlinks from the UA to the ground control station ( GCS ) for active monitoring of the flight path. This altitude information, combined with the visual line of sight (VLOS) , at or below 4 00 feet AGL, will ensure a level of safet y equivalent to Section 91.121. Additionally , JOHN D HANSARD seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. JOHN D HANSARD submits that safet y will not be affected by o peration of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with 20 percent battery power remaining or sufficient battery power to return to the home point (RTH). The low battery warning will be set to 30 percent battery remaining prior to takeoff. In accordance with 14 C.F.R. § 11.81, JOHN D HANSARD 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: John D. Hansard 207 N. Wieser Street Tel: ( 817 ) 821

- 5000 Email: john_hansard@yahoo.com **B. The Spec ific Sections Of 14 C.F.R. From**  **Which JOHN D HANSARD**  **Seeks Exemption**  **and The**  **Extent Of Relief And The Reason Fo**  **r Seeking Relief**
**1. Section 61.113(a) And (b).** 

**a. Private pilot privileges and limitations:**  Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (1 ) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (2 ) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. Section 91.7(a).**  **a. Civil aircraft airworthiness**  , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.
**3. Section 91.121.** 

**a. 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, b y reference to an altimeter that is set, when operating

—7 (1) Below 18,000 f

eet 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 altime ter 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. Section 91.151(b).** 

**a. Fuel requirem**  **ents 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. Section 91.405(a).** 

**a. Maintenance required**  **,** subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.
**6. Section 91.407(a)(1)** 

**a. 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 b y a person authorized under § 43.7 of this chapter[.]8 **7. Sections 91.409(a)(1) And 91.409(a)(2).**

**a. 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 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. Sections 91.417(a) And 91.417(b).**

**a. Maintenance records**  , subsections (a) an d (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 maintenan ce, 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 approvin g the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.9 (iv) The cur

rent 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 safe ty directives including, for each, the method of compliance, the AD or safet y 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 b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y 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 b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retain ed 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 JOHN D HANSARD**  **Seeks And The Reason JOHN D**  **HANSARD Seeks The Relief.** 
**1. Extent o**  **f Relief JOHN D HANSARD**  **Seeks And The Reason JOHN D**  **HANSARD Seeks Relief From Section 61.113(a) And (b).**  Relief from Section 61.113(a) an d (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met c ertain 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 PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more ful ly

below, JOHN D HANSARD submits that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJ I Phantom 3 Professional UA or the DJ I Inspire 1 UA unless that PI C has met certain flight

hour and currency

requirements , demonstrating that the PI C is able to safely operate either10

UA 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, JOHN D HANSARD submit s that all flights of the DJ I Phantom 3 Professional UA and the DJIInspire 1 UA , conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to JOHN D HANSARD ’s business; and (2) will not carry passengers or property for compensati on or hire. **2. Extent Of Relief JOHN D HANSARD**  **Seeks And The Reason**  **JOHN D HANSARD**  **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 JOHN D HANSARD to determine that the DJ I Phantom 3 Professional (UA ) and the DJIInspire 1 (UA) are in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the JOHN D HANSARD Aerial Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional or DJ I Inspire 1 Instruction Manual). JOHN D HANSARD seeks the requested relief because the DJ I Phantom 3 Professional UA and the DJIInspire 1 UA do not require an airworth iness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, JOHN D HANSARD will ensure that the DJ I Phantom 3 Professional UAS and the DJIInspire 1 UAS are in airworth y condition based upon its compliance with the operating documents (i. e ., Monthly Maintenance Lo g, and DJIPhantom 3 Professional or the DJ I 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. Ex tent Of**  **Relief JOHN D HANSARD**  **Seeks And The Reason JOHN D**  **HANSARD Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJIPhantom 3 Professional UAS and the DJ I Inspire 1 UAS , 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), JOHN D HANSARD seeks the requested relief because the DJ I Phantom 3 Professional UA ’s and the DJ I Inspire 1 UA’s altimeter may be s et 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 full y set forth herein, an equivalent level of safety will be maintained since both UAS s 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 th e GCS.11 **4. Extent Of Relief JOHN D HANSARD**  **Seeks And The Reason JOHN D**  **HANSARD 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 fl ights of the battery powered DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 20 percent battery power remaining or sufficient battery power to return to the home point (RTH). The low battery warning will be set to 30 percent battery remaining prior to takeoff. JOHN D HANSARD seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery p owered DJ I Phantom 3 Professional UA and the DJIInspire 1 UA will severel y constrain the practicality of any aerial video or still photo flight operations that JO HN D HANSARD proposes to conduct pursuant to this Petition. Significantl y, as set forth belo w, the technical specifications of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1UAS operating documents, and JOHN D HANSARD ’s proposed operating limitations ensure that JOHN D HANSARD will safely operate the both battery

powered UA S s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with 20 percent battery power remaining or sufficient battery power to return to the home point (RTH). The low battery warning will be set to 30 percent batt ery remaining prior to takeoff. **5. Extent Of Relief JOHN D HANSARD**  **Seeks And The Reason JOHN D**  **HANSARD 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 appl y to aircraft with an airworthiness certificate, JOHN D HANSARD requests relief from these Sections because the DJ I Phantom 3 Professional UAS and the DJIInspire 1 UAS do not require airworthiness certificates. As set forth more full y below, the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, JOHN D HANSARD will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the JOHN D HANSARD Aerial Operations Manual, Monthly Maint enance Log, and DJ I Phantom 3 Professional UA and the DJIInspire 1 UA Instruction Manual). Furthermore, JOHN D HANSARD will document and maintain all maintenance records for the DJ I Phantom 3 Professional UA and the DJ I In spire1 UA

.12

**D. The Reasons Why Granting**  **JOHN D HANSARD ’s**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing JOHN D HANSARD to safel y, efficiently , and economically perform aerial video and photography of real estate, construction sites, a griculture, ranch and wildlife, weddings and private parties over certain areas of the United States. Additionally , use of the DJIPhantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably, the benefits of JOHN D HANSARD ’s proposed operation of the both UAS ’ will be realized without implicating an y privacy issues. **1. The Publi c Will Benefit From Decreased Congestion Of The NAS.**  The DJ I Phantom 3 Professional (UA ) and the DJ I In spire1 (UA ) are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally

utilized to obtain aeria l imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJIPhantom 3 Professional (UA ) and the DJ I Inspire 1 (UA) w ill reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion aro und airports caused by arriving and departing aircraft will be reduced. The DJIPhantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The DJI**  **Phantom 3 Professional**  **UAS**
**.** Conducting aerial acquisitions with the DJIPhantom 3 Professional UAS and/or the DJ I Inspire 1 UAS , instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated d uring traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS produce no air pollution, and is the most viable environmentally conscious alte rnative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom 3 Professional UA S and th e DJ I Inspire 1 UAS , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled b y battery powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS 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 completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) small size and with no fuel on board have less phy sical potential for collateral damage to li fe and propert y on the ground, and in the air, compared to the manned aircraft that t ypi cally conduct similar operations (weighing approximately 6,00013

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons)

. **3. Performing Aerial Video and Photography Operations With The DJI**  **Phantom 3 Professional UAS**  **Will Benefit The Economy.** In addition to being safe and efficient, the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA will allow United States based companies to remain competitive and contribut e to growth of the U.S. economy . Specificall y, 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 DJ I Phantom 3 Professional UA S and the DJ I Inspire 1 UA S will include the technology that not only allows companies greater operational flexibility compared to manned aircraft, but provid es such flexibility

without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 Professional UA S and the DJ I Inspire 1 UAS , companies 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 commerci al use of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) , 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, JOHN D. HANSARD’s proposed operation of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) will not implicate any privacy issues . Specificall y, the DJIPhantom 3 Professional UAS and the DJ I Inspire 1 UAS will be operated only in compliance with operating documents (i.e., the John D. Hansard’s Operations Manual, Monthly Maintenance Log, and DJ I Phantom 3 Professional and the DJ I In spire 1 Instruction Manual) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regul ations, 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**  **JOHN D HANSARD Seeks Exemption.**  **1. Reasons Why The DJI Phantom 3 Professional**  **UA and the DJI Inspire 1**  **UA 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, JOHN D. HANSARD’s operation of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) meet the conditions of FMRA Secti on 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.14 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. Specificall 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 required by section 3 32 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 p aragraph (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 aircra

ft systems in the national airspace system. In seeking this exemption, JOHN D. HANSARD submits that the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phantom 3 Professional and DJ I Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The**  **DJI Phantom 3 Professional 1**  **UAS and the**  **DJI Inspire 1 UAS Demonstrate**  **Their Safe Characteristics.**  The DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of**  **The DJI Phantom 3**  **UAS and the**  **DJI Inspire 1 UAS**
**.** The technical specifications of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS are set forth by the ir respective Professional Specifications and Data Sheet

.15 **ii. The DJI Phantom 3 Professional**  **UAS and the DJI the DJI Inspire 1**  **UAS Autonomous Flight And Navigation Modes Enable The UASs**  **To Remain Within A Defined Operational Area.** The DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational modes of both UASs are provided in their respective operation manual s.

**iii. The DJI Phantom 3 Professional**  **UAS Is**  **Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The**  **Control Link Or Navigation.** When the Control L ink is lost, the DJIPhantom 3 Professional UA and the DJI Inspire 1 UA will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJIPhantom 3 Professional UA or the DJ I Inspire 1 UA do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home po int (RTH) (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. T he Failsafe Functions for each of the UAS s are set forth in their respective User Manuals

. **iv. The DJI Phantom 3 Professional**  **and the DJI Inspire 1 GCS**  **a nd** 

**Their Operation.**  A complete description of the operation and specifications of the DJ I Phantom 3 Professional and the DJ I Inspire 1 GCS and flight control software is provided in their respective User Manual s
.

**b. Flight Operations Of DJI Phantom 3 Professional**  **UAS and the DJI**  **Inspire 1 UAS**  **Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.**  JOHN D HANSARD will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of the DJIPhantom 3 Professional UAS or the DJIInspire 1 UAS . Additionally , a safet y observer will assist the PI C during flight time.

**c. Flights o**  **f DJI Phantom 3 Professional**  **UAS and the DJI Inspire 1**  **UAS Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, JOHN D HANSARD proposes to commercially operate the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: **1. UAS’s Authorized Under This Exemption**  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: DJ I Phantom 3 Professional and the DJ I Inspire 1 Unmanned Aircraft Sy stems.16 Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.
**2. UAS Operations Under This Exemption**  UA S operations under this exemption will be limited to conducting ope rations f or the purpose of aerial video and photograph y.

3. **Speed Limitations** The UAs may

not be flown at an indicated airspeed exceeding 3 0 knots 4. **Altitude Limitation** The UA must be operated at an altitude of no more than 4 00 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 ATC. All altitudes reported to ATC must be in feet AGL. 5. **Visual Line Of Site (VLOS) Limitation** The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificat e. 6. **First Person View (FPV)**  **Not Permitted** The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. **Safety Observer Requirement** All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C 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 fl ight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. **Safety Observer Limitations** The SO must not perform any other duties beyond assisting the PI C 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. **Operator’s Responsibilities** 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 m ay update or revise its operating documents. It is the operator’s responsibility to track such revisions17 and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitio ns for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. **PIC Requirement for Inspection** Prior to each flight the PI C must inspect the UAS to ensure that it is in a condit ion 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. T he Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11. **Functional Flight Test After Mainten an**  **ce or Alterations** 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 PI C who conducts the functional test flight must make an entry in the aircraft records. 12. **Pre**
**- flight Inspections**  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 doc uments. 13. **UAS Manufacturer’s Life Cycle Requirements**  The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. **Maintenance and Record Keeping** The o perator 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. **Manufacturer Safety Bulletins** Each UASs operated under this exemption must comply with all manufacture r Safety Bulletins. 16. **Corrective Action Entries** The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.18 17. **PIC Requirements** The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate or adhere to all commercial drone PI C FAA requirements at the time of operations

. 18. **UAS Training and Proficiency Requirements** The operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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 ar e considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. **Prohibited Night Operations** UAS operations may

not be conducted during night, as defined in 14 C .F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules ( SVFR) are not authorized. 20. **Restricted Airport Operations**  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 manag ement is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. **Cloud and Visibility Limitat ions**  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 PI C. 22. **Loss of Signal** 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. **Unpredicted Obstacles and Emergencies** The PI C must abort the flight in the event of unpredicte d obstacles or emergencies in accordance with the operating documents.19 24. **PIC Requirement to be Able to Return Home Safely** The PI C is prohibited from beginning a flight unless he has c onsider ed the wind and forecast weather conditions and unless he is confide nt that the UA can return the intended landing point and land. The UA’s have a return

- to

- home (RTH) failsafe which will be used only in emergencies. 25. **COA and NOTAM Requirements** The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) no t 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 requi rements. 26. **Registration and Serial Number Requirements** 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 ac cordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. **Radio Frequency Spectrum Compliance** Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the F ederal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. **Doc u**  **ments Available to PIC at the Ground Control Station (GCS)** The documents used by

the operator to ensure the safe operation and flight of the UA and an y documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. 29. **Yield Right of Way** The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 30. **Operation from Moving Vehicle** The UAS may

not be oper ated b y the PIC from any moving device or vehicle. 31. **Operating Limitations n**  **ear Persons** Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, 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 no nparticipating20 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 PI C has made a safet y assessment of the risk of operating closer to those objects and determi ned that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. **Operating Limitations o**  **ver Property** 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. **Incident or Accident Reporting** 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 Sec tion 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** JOHN D HANSARD submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate the DJIPhantom 3 Professional (UA ) or the DJ I Inspire 1 (UA ) unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the UAS ’s in a manner consistent with the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering JOHN D HANSARD ’s proposed area of operations and the operating limitations set forth above and the parallel nature of private pilot aeronautical knowledge requir ements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I Phantom 3 Professional (UA ) and/or the DJ I Inspire 1 ( UA ) , JOHN D HANSARD submits that the additional manned airmanshi p experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for JOHN D HANSARD specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).21 JOHN D HANSARD will not allow any PIC to operate the DJ I Phantom 3 Professional UA S or the DJIInspire 1 UA S unless that PI C has demonstrated, by meeting minimum flight

- hour requirements o f the UAS training and currency requirements, that the PI C is able to safely

operate the UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI 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 pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 JOHN D HANSARD ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion pi cture 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 t o operations under Exemption No. 11062, the PI 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 min imum 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 require ments, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day 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 ne cessary

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

- bui lding flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C. F.R 91.119. Exemption No. 11138 Accordingl y, JOHN D HANSARD will ensure safe operations b y not allowing an y PI C to operate the DJ I Phantom 3 Professional UAS or the DJ I Inspire 1 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the specified UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.22 **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, JOHN D HANSARD will ensure that the DJI Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA) are in an airworth y 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 reli ef 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, 1115 8, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire1 (UA ) will be provided to the PI 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 JOHN D HANSARD ’s operation of the DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 ( UA ) within visual line of sight (VLOS) , at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude i nformation will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specif ic to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b)**  **Would Not Adversely Affect Safety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specification s of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, JOHN D HANSARD will ensure that it will safely operate the battery powered DJ I Phantom 3 Professional (UA ) and the DJ I Inspire 1 (UA ) during daylight hours in VFR conditions, with 20 percent battery power remaining or sufficient battery power to return to the home point (RTH). The low battery warning will be set to 30 percent battery remaining prior to takeoff.23 Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS ; the limitations on the proposed fl ight operations; and the location of the proposed operations, will ensure an equivalent level of safet y established b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJ I Phantom 3 Professional UAS provide audible and visual warning s to the PI C at the GCS when the UAs experiences low battery voltage, the first warning occurring at approximately

3 0 % remaining battery

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

low battery

level, the DJ I Phantom 3 (UA ) and the DJ I Inspire 1 (UA ) will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Secti on 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157 , 11158, 11159, 11160, 11161). **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, JOHN D HANSARD submits that the equivalent level of safet y 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 JOHN D HANSARD will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the JOHN D HANSARD Aerial Operations Manual, Monthly Maintenance Log, and DJIPhantom 3 Pro fessional and the DJIInspire 1 Instruction Manual s ). Furthermore, JOHN D HANSARD will document and maintain all maintenance records for both UAS s
. Since the both UAS s will be inspected as prescribed by the operating documents, JOHN D HANSARD will maintai n the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversel y affect safety because JOHN D HANSARD will use trained technicians to perform maintenance, alterations o r 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 both the DJIPhantom 3 Professional UAS and the DJ I Inspire1 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthl y maintenance log. Significantl y, previous exempti ons 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 safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered.24 In consideration of JOHN D HANSARD proposed operating limitations, the operating documents, and the technical aspects of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS JOHN D HANSARD submits that safety will not be adversely affected b y grant ing 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 previousl y granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exempti on Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).
**7. The FAA May Prescribe Any Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , JOHN D HANSARD requests that the FAA prescribe special conditions for the intended operation of the DJIPhantom 3 Profe ssional UAS and the DJ I Inspire 1 UAS , which contain such safet y standards that the Administrator finds necessary to establish a level of safet 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), 91.1 21, 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 photograph y 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 o perate 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 DJ I Phantom 3 Professional UAS and DJ I Inspire 1 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features of the aircraft. Section 21.16, enti tled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, aircraft engine, or propeller because of a novel or unusual desi gn 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 aircra ft, 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 the intended operation of the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS , which contain such safet y standards that the Administrator finds necessary to establish a level of safet 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).25

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules**  **From Wh ich**  **JOHN D HANSARD Seeks Exemption:** 
JOHN D HANSARD 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 JOHN D HANSARD**  **Seeks:** This exemption will permit JOHN D HANSARD 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 Information, Views, Or Arguments Available To Support**  **JOHN D HANSARD ’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) , Section 333 . The act directs the Secretary of Transportation to determine if certain UAS may

operate safel y in the NAS. As such, JOHN D HANSARD 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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, JOHN D HANSARD will operate the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.26 **CONCLUSION** As set forth herein, JOHN D HANSARD 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 DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA commercially , without an airworthiness certificate, for the limited purpose of conducting aerial video and photograph y over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate o f the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by

allowing JOHN D HANSARD to safel y, efficientl y, and economically operate the DJ I Phantom 3 Professional UAS and the DJ I Inspire 1 UAS commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, JOHN D HANSARD respectfull y requests that the Administrator grant this Petition for an exemption from the requirements o f 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 JOHN D. HANSARD to operate the DJ I Phantom 3 Professional UA and the DJ I Inspire 1 UA commercially for the purp ose of conducting aerial video and photography over certain areas of the United States.
Date d: December 15 , 2015
Respectfully submitted, John D. Hansard

_________________________ John D. Hansard 207 N. Wieser Street Hamilton, TX 76531 Tel: ( 817 ) 821

- 500027

Appendic es : A

– DJ I Phantom 3 Professional Specifications Data Sheet B

– DJ I Inspire1 Specifications Data Sheet

**DJI PHANTOM 3 PROFESSIONAL TECHNICAL**  **SPECIFICATIONS** DJI is an industry

leader in small UAS production. DJIUASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predet ermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)

.

A

– DJ I Phantom 3 Professional Specifications Data Sheet may be found at: http://www.dji.com/product/phantom

- 3pro/info#specs

B

– DJ I Inspire1 Specifications Data Sheet may be found at: http://www.dji.com/product/inspire

- 1/info#specs