FROM:

Patrick A. Ewald

Hawk Bait Aerial Photography

256 Horizon Circle

Grass Valley, CA 95945

Tel: 530-624-4874

Email: Patman561@gmail.com

TO:

DOCKET OPERATIONS

ROOM W12-140 OF THE WEST 

BUILDING GROUND FLOOR

1200 NEW JERSEY AVENUE, 

SE. WASHINGTON, DC, 20590

Regulatory Docket No.

PETITION FOR EXEMPTION OF:

Hawk Bait Aerial Photography

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

PART 21, SUBPART H AND SECTIONS §§ 61.113(a) & (b), 91.109, 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 PROFESSIONAL 

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

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

Submitted on August 21, 2015
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS....................................................................................................... 2

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

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

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

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

NAME AND ADDRESS OF PETITIONER............................................................................................ 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HAWK BAIT AERIAL 

PHOTOGRAPHY SEEKS EXEMPTION...............................................................8

THE EXTENT OF RELIEF HAWK BAIT AERIAL PHOTOGRAPHY SEEKS AND THE

REASON HAWK BAIT AERIAL PHOTOGRAPHY SEEKS THE RELIEF....................11

THE REASONS WHY GRANTING HAWK BAIT AERIAL PHOTOGRAPHY

REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT PUBLIC SAFETY............................................................................17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER .......................... 31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABE TO

SUPPORT HAWK BAIT AERIAL PHOTOGRAPHY'S REQUEST.............................31

REQUEST FOR BLANKET COA APPROVAL.....................................................32

CONCLUSION .............................................................................................................................................. ..32

APPENDIX A - DJI PHANTOM 3 PROFFESIONAL TECHNICAL SPECIFICATIONS...34

APPENDIX B - DJI PHANTOM 3 PROFESSIONAL MANUFACTURER'S USER 

MANUAL..................................................................................................37

APPENDIX C - MONTHLY MAINTENANCE LOG..............................................38

2
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

3
SUMMARY

Hawk Bait Aerial Photography (Patrick A. Ewald) seeks exemption from the 

requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft 

System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). 

This exemption will permit Hawk Bait Aerial Photography to operate an Unmanned Aircraft 

System (UAS) for the commercial purpose of conducting aerial video and photography of Real 

Estate Properties for homeowners, realtors, home contractors, home inspectors for real estate 

marketing and inspection of home exteriors, as well as filming of special events, film sets, 

scripted and unscripted television sets, conducting power line inspections, landscape, aerial 

mapping, surveying and search and rescue over certain areas of the United States.

INTRODUCTION AND INTERESTS OF PETITIONER

Hawk Bait Aerial Photography is a production company based in California specializing in 

real estate videography, photography, music video production, special event production and film 

and television production. The principal of Hawk Bait Aerial Photography has professional 

experience in commercial and nonprofit video production and is recognized as an expert in this 

field. Hawk Bait Aerial Photography has recreational/hobby experience in all aspects of aerial 

videography. The objective of Hawk Bait Aerial Photography video operations is to provide highquality imaging for a variety of broadcasts and commercial and nonprofit productions, specifically 

targeting: home builders, home contractors, and/or home inspectors for real estate marketing and 

inspections of home exteriors as well as filming of special events, film sets, scripted and unscripted 

television sets and landscape, conducting power line inspections, aerial mapping, surveying and 

search and rescue utilizing a DJI Phantom 3 Professional UAS. More specifically, Hawk Bait 

Aerial Photography aerial video and photography operations will serve in the following areas:

• Aerial photography of houses / residential and commercial buildings and power lines 

• Aerial videography of houses / residential and commercial buildings and power lines 

• Aerial event photography 

• Aerial event filming 

• Aerial search and rescue and safety inspections 

• Increase public knowledge of UAS and promote safe UAS operations

4
The proposed aerial filming will be conducted over private property with controlled access in 

the NAS and with the knowledge and permission of the private property’s owner.

BACKGROUND

Unmanned Aircraft System: DJI Phantom 3 Professional UAS

Hawk Bait Aerial Photography seeks an exemption to operate DJI systems DRONES for 

compensation or hire within the NAS. The DJI Phantom 3 Professional UAS are vertical 

takeoff and landing (VTOL) Unmanned Aircrafts (UAS) with a Ground Control Station 

(GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional 

has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length 

of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 

29 knots. The DJI Phantom 3 Professional UAS are equipped with four main rotors driven 

by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 Professional UAS that will be operated by Hawk Bait Aerial 

Photography (trained professional) will be registered in accordance with 49 U.S.C. 44103, 

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

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

BASIS FOR PETITION

Petitioner, Hawk Bait Aerial Photography, pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and 

Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned 

Aircraft Systems, hereby petitions the Administrator to commercially operate the 

DJI Phantom 3 Professional UAS in the National Airspace System (NAS), and for 

an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.109, 

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, Hawk Bait Aerial Photography operation of 

DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore,

5
will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Hawk Bait Aerial 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 only apply to aircraft with an airworthiness certificate. Hawk 

Bait Aerial Photography submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Hawk Bait Aerial Photography will use experienced personnel or 

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

the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly 

Maintenance Log and DJI Phantom 3 Professional Instruction Manual). Furthermore, Hawk 

Bait Aerial Photography will document and maintain all maintenance records for the DJI 

Phantom 3 Professional UAS.

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

privileges and limitations: Pilot In Command, is requested by Hawk Bait Aerial Photography 

to the extent necessary to allow a Pilot in Command (PIC) holding a Supplemental Pilot 

Certificate, and who has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and 

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

Hawk Bait Aerial Photography seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 3 Professional UAS does not require an 

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

Bait Aerial Photography submits that it will ensure that the DJI Phantom 3 Professional 

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

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Professional Instruction Manual), and that the aircraft is in a condition for safe 

flight. 

Hawk Bait Aerial Photography also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UAS will not 

have a typical barometric altimeter onboard. However, altitude information of the DJI 

6
Phantom 3 Pro will be provided to the PIC via Global Positioning System (GPS) equipment and 

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

monitoring of the flight path. This altitude information, combined with Hawk Bait Aerial 

Photography’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at 

or below 200 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Hawk Bait Aerial Photography seeks an exemption from the requirements of

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Hawk Bait Aerial 

Photography submits that safety will not be affected by operation of the DJI Phantom 3

Professional UA during daylight hours in visual meteorological conditions (VMC) under visual 

flight rules (VFR), with enough battery power to fly for a total duration of approximately 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.

In accordance with 14 C.F.R. § 11.81, Hawk Bait Aerial 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:

Patrick A. Ewald

Hawk Bait Aerial Photography

256 Horizon Circle

Grass Valley, CA 95945

Tel: 530-624-4874

Email: patman561@gmail.com

7
B. The Specific Sections Of 14 C.F.R. From Which Hawk Bait Aerial Photography Seeks 

Exemption.

1. Hawk Bait Aerial 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 

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation 

or hire. 

2. Hawk Bait Aerial 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. 

3. Hawk Bait Aerial Photography Seeks Exemption From The Requirements Of 

Section 91.121. 

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

(a) Each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that 

is set, when operating--

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

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

within 100 nautical miles of the aircraft;

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

8
this section, the current reported altimeter setting of an appropriate available 

station; or 

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

the departure airport or an appropriate altimeter setting available before 

departure. 

4. Hawk Bait Aerial 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 

(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. Hawk Bait Aerial 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 inspections, except as provided in paragraph (c) of this

section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Hawk Bait Aerial Photography Seeks Exemption From The 

Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

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

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

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized 

under § 43.7 of this chapter[.] 

9
7. Hawk Bait Aerial 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

been approved for return to service by a person authorized by § 43.7 

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

8. Hawk Bait Aerial Photography Seeks Exemption From The 

Requirements Of Sections 91.417(a) And 91.417(b).

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

the following:

(a) Except for work performed in accordance with §§ 91.411 and 

91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section:

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

alteration and records of the 100-hour, annual, progressive, 

and other required or approved inspections, as appropriate, 

for each aircraft (including the airframe) and each engine, 

propeller, rotor, and appliance of an aircraft. The records 

must include--

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

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

(iii) The signature and certificate number of the person 

approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, 

each propeller, and each rotor. 

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(ii) The current status of life-limited parts of each 

airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified 

time basis. 

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

since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives 

(AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

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

time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this 

chapter for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and 

appliances. 

(b) The owner or operator shall retain the following records for the 

periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft 

is approved for return to service.

C. The Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason 

Hawk Bait Aerial Photography Seeks The Relief.

1. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason 

Hawk Bait Aerial Photography Seeks Relief From Section 61.113(a) And (b).

11
Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command is requested, to the extent necessary to allow a PIC holding a Supplemental 

Pilot Certificate, as well as a current and valid airman medical certificate, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire.

As set forth more fully below, Hawk Bait Aerial Photography submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to operate the Phantom 3 

Professional UA unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a 

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

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, 

vessels, vehicles and structures. 

Further, Hawk Bait Aerial Photography submits that all flights of the DJI Phantom 3 

Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Hawk Bait Aerial Photography business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason Hawk Bait 

Aerial Photography 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 Hawk Bait Aerial Photography to determine that the DJI Phantom 3 Professional 

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

the operating documents (i.e., the Hawk Bait Aerial Photography Aerial Operations Manual, 

Monthly Maintenance Log, and Phantom 3 Professional Instruction Manual). 

Hawk Bait Aerial Photography seeks the requested relief because the DJI Phantom 3 

Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. Therefore, Hawk Bait Aerial Photography will ensure that the DJI Phantom 3 

Professional UAS is in airworthy condition based upon its compliance with the operating 

12
documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) 

prior to every flight, and further, determine that the aircraft are in condition for safe flight, as 

stated in the conditions and limitations below.

3. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason 

Hawk Bait Aerial Photography Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the DJI Phantom 3 Professional 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),

Hawk Bait Aerial Photography seeks the requested relief because the DJI Phantom 3 

Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. Considering the limited altitude of the 

proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with 

the applicable conditions and limitations stated below. As more fully set forth herein, an 

equivalent level of safety will be maintained since the DJI Phantom 3 Professional UAS is 

equipped with a barometric pressure sensor and GPS equipment, which automatically ensures 

that a ground level pressure setting will be established prior to each flight, and provides the PIC 

with altitude information of the UA on the heads-up display of the GCS.

4. Extent Of Relief Hawk Bait Aerial Photography Seeks And The Reason 

Hawk Bait Aerial Photography Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 3 

Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Hawk Bait Aerial 

Photography seeks the requested relief because without an exemption from Section 91.151(b), 

the flight time duration of the battery powered DJI Phantom 3 Professional UAS will severely 

13
constrain the practicality of any aerial video or still photo flight operations that Hawk Bait Aerial 

Photography proposes to conduct pursuant to this Petition.

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

Professional UAS operating documents, and Hawk Bait Aerial Photography proposed operating 

limitations, ensure that Hawk Bait Aerial Photography will safely operate the battery powered 

DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 

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

after that for at least 4.5 minutes.

5. Extent Of Relief Hawk Bait Aerial Photography Seeks Relief And The Reason Hawk 

Bait Aerial Photography Seeks Relief From Section 91.405(a), 91.407(a)(1), 

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

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

apply to aircraft with an airworthiness certificate, Hawk Bait Aerial Photography requests relief 

from these Sections because the DJI Phantom 3 Professional UAS does not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meets the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

Hawk Bait Aerial Photography will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the 

UAS operating documents (i.e., the Hawk Bait Aerial Photography Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, 

Hawk Bait Aerial Photography will document and maintain all maintenance records for the DJI 

Phantom 3 Professional UAS.

D. The Reasons Why Granting Hawk Bait Aerial Photography Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Hawk Bait 

Aerial Photography to safely, efficiently, and economically perform aerial video and 

photography of real estate, special events, film sets, and landscape over certain areas of the 

United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the 

14
NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

Hawk Bait Aerial Photography’s proposed operation of the DJI Phantom 3 Professional UAS will 

be realized without implicating any privacy issues.

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

The DJI Phantom 3 Professional UAS is battery powered and serves as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. 

By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The Phantom 3 

Professional UAS does not require an airport to take off 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 DJI Phantom 3 Professional UAS, instead of 

manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise 

pollution generated during traditional aerial video and still photography flight operations. By using 

battery power and electric motors, the DJI Phantom 3 Professional UAS produces no air pollution, 

and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, while 

burning approximately 20-30 gallons per hour of leaded aviation fuel. The Phantom 3 Professional 

UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as 

the UAS are propelled by battery powered electric motors, rather than an internal combustion 

engine.

By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the 

15
substantial risk to life and property in the air and on the ground, which is usually associated with

traditional manned aircraft flight operations, will be substantially reduced or completely 

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

Phantom 3 Professional UAS (weighing approximately 2 pounds 11 ounces respectively, at its 

maximum gross weights with length of 17.3 inches respectively, width of 17.3 inches 

respectively, and with no fuel on board), has less physical potential for collateral damage to life 

and property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of 

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the Phantom 3 Professional is also an economical 

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

DJI Phantom 3 Professional UAS will allow United States based companies, like Hawk Bait 

Aerial Photography, to remain competitive and contribute to growth of the U.S. economy. 

Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. Operating 

the battery powered DJI Phantom 3 Professional 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.

By operating the DJI Phantom 3 Professional UAS, companies such as Hawk Bait Aerial 

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

to employees and contractors, which will ultimately contribute to growth of the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 

3 Professional UAS, 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.

16
4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Hawk Bait Aerial Photography proposed operation of the DJI Phantom 3 Professional 

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS 

will be operated only in compliance with operating documents (i.e., the Hawk Bait Aerial 

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

Professional Instruction Manual) which requires property owner involvement as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119.

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

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

The Rule From Which Hawk Bait Aerial Photography Seeks Exemption.

1. Reasons Why The DJI Phantom 3 Professional UAS Meets 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, Hawk Bait Aerial Photography operation of the DJI Phantom 

3 Professional UAS meets the conditions of FMRA Section 333, and will not require an 

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

Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

and rule-making required by section 332 of this Act or the guidance required 

by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

17
(1) which types of unmanned aircraft systems, if any, as a result of 

their size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public 

or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, Hawk Bait Aerial Photography submits that the DJI Phantom 

3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot 

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

a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate 

Its Safe Characteristics.

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security, considering its size, weight, speed, and 

operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI 

Phantom 3 Professional Specifications and Data Sheet, attached hereto as Appendix A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And 

Navigation Modes Enable The UAS To Remain Within A Defined 

Operational Area.

18
The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous 

flight modes. A complete description of the flight and navigational modes of the DJI Phantom 3 

Professional UAS is provided at page 26 of the DJI Phantom 3 Professional User Manual, attached 

hereto as Appendix B.

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 Link is lost, the DJI Phantom 3 Professional UAS will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not 

reacquire control link data from the GCS, the UA will assume that the Control Link is lost and the 

UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff

position and shut down. 

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS 

are set forth at pages 12 through 14 of the DJI Phantom 3 Professional UAS User Manual, attached 

hereto as Exhibit B.

iv. The Phantom 3 Professional GCS And Its Operation. 

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

Professional GCS and flight control software is provided at pages 23 through 29 of the Phantom 3 

Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Exhibit 

B.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To 

The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer.

Hawk Bait Aerial Photography will only utilize certificated pilots who possess a current 

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

Professional UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, Hawk Bait Aerial Photography proposes to commercially 

operate the DJI Phantom 3 Professional UAS for the special purpose of conducting aerial video 

and photography over certain areas of the United States, pursuant to the following operating 

limitations:

19
1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft UAS's weighing less than 

55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned 

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

petition or a petition to amend this grant.

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

the purpose of aerial video and photography for homeowners, Realtors, home builders, 

contractors, home inspectors for use in real estate marketing and real estate inspections. 

Additionally, aerial video and photography may be conducted on occasional basis for 

film and television sets, special events and landscape photography, conducting power 

line inspection, aerial mapping, and surveying as deemed necessary. 

3. The UAS may not be flown at an indicated airspeed exceeding 30 knots (16 m/s). 

4. The UAS 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 by ATC. All altitudes reported to ATC must be 

in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any device other 

than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is 

not permitted. 

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

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. The 

PIC must be designated before the flight and cannot transfer his or her designation 

for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents.

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

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

20
permitted to operate the camera or other instruments. 

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

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

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

procedures outlined in the operating documents, the conditions and limitations 

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

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

operator may update or revise the oerating documents. It is the operator’s responsibility 

to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If the operator 

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

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

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

arise regarding updates or revisions to the operating documents. 

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

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

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

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

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

alterations must be properly documented in the aircraft records. 

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

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

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

make an entry in the aircraft records.

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

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

of the operating documents.

21
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements.

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

requirements in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

15. Each UAS operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a Supplemental Pilot certificate and at least a current 

third-class medical certificate. Supplemental pilots must have, at a minimum, 

successfully completed private pilot ground school. Additionally, supplemental pilots 

without a current FAA private pilot certificate must have successfully passed the 

private pilot, commercial pilot, or airline transport pilot knowledge test within the past 

24 calendar months. 

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

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

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

and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s 

PICs are permitted under the terms of the exemption; however, training operations

may only be conducted during dedicated training sessions. During training, proficiency

and experience-building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate distance 

from nonparticipants in accordance with 14 C.F.R. § 91.119. 

22
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight rules 

(SVFR) are not authorized. 

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

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

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

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

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

Administrator upon request.

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

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

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

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles 

or emergencies in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly at normal 

cruising speed to the intended landing point and land the UA with 25% 

battery power remaining. 

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

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

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

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

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

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

and potential transponder requirements. 

23
26. All aircraft operated in accordance with the exemption must be identified by 

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

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

Subpart C. Markings must be as large as practicable.

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

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

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

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

documents must be made available to the Administrator or any law enforcement official 

upon request.

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

aviation operations and activities at all times. The UAS may not be operated by 

the PIC from any moving device or vehicle.

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

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

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

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

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

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

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

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a).

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31. 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.

32. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA must 

be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

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

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)And (b) 

Would Not Adversely Affect Safety.

Hawk Bait Aerial Photography submits that the equivalent level of safety established by 

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour 

and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional 

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

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

Considering Hawk Bait Aerial Photography's proposed area of operations, and the 

operating limitations set forth above; the parallel nature of private pilot aeronautical 

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

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional 

UAS, Hawk Bait Aerial Photography submits that the additional manned airmanship experience 

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

Hawk Bait Aerial Photography 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, 1109, 11110, 11112, 

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

Hawk Bait Aerial Photography will not allow any PIC to operate the DJI Phantom 3 

25
Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 of those 

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes).

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

was obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during Hawk Bait Aerial Photography's proposed operations. The Administrator has held that 

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

would ensure safe operations, stating as follows:

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

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

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot 

with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must 

also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the 

same make and model of UAS to be used for operations under the exemption. For 

clarification, the FAA considers these minimum hour requirements to be inclusive 

rather than additive; i.e. 5 hours make and model time may be included in the 10 hours 

of multi- rotor time and the 10 hours may be included in the total 25 hours of UAS 

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to 

practice and build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight experience that 

was obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the 

26
grant of exemption to accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the UA with appropriate 

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

Exemption No. 11138 at page 15

Accordingly, Hawk Bait Aerial Photography will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 Pro UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, Hawk Bait Aerial Photography will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

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

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 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 safety established by Section 91.121 will be maintained

because the altitude information of the Phantom 3 Professional UA will be provided to the PIC 

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

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

combined with Hawk Bait Aerial Photography’s operation of the DJI Phantom 3 Professional 

UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent 

to Section 91.121. The altitude information will be generated by GPS equipment 

27
installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UAS 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. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional 

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

flight operations. Accordingly, Hawk Bait Aerial Photography will ensure that it will safely 

operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point 

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

minutes.

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

Professional UAS; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional UAS provides 

audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage,

the first warning occurring at approximately 30% remaining battery power, and again at 

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

Phantom 3 Professional UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151

establish that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to 

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

28
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, Hawk Bait Aerial 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), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

Hawk Bait Aerial Photography will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in 

the operating documents (i.e., the Hawk Bait Aerial Photography Aerial Operations Manual, Monthly 

Maintenance Log, and Phantom 3 Professional Instruction Manual). Furthermore, Hawk Bait Aerial 

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

UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the 

operating documents, Hawk Bait Aerial Photography will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of DJI Phantom 3 

Professional User Manual is attached hereto as Appendix B; a copy of the DJI Phantom 3 

Professional UAS Maintenance LOG is attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because Hawk 

Bait Aerial 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 safety 

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

DJI Phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log.

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

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

29
affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Hawk Bait Aerial Photography proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, Hawk 

Bait Aerial Photography submits that safety will not be adversely affected by granting exemption 

from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). 

The FAA has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161).

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Hawk Bait Aerial Photography 

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

Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a) 

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

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

of the United Sates for compensation or hire. FMRA sets forth the requirements for considering 

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

to national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

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

21.16, for operation of the DJI Phantom 3 Professional UAS, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to 

the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, 

states the following:

If the FAA finds that the airworthiness regulations of this subchapter do 

not contain adequate or appropriate safety standards for an aircraft, aircraft 

engine, or propeller because of a novel or unusual design feature of the 

30
aircraft, aircraft engine or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards 

for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Hawk Bait Aerial Photography’s intended operation of the DJI 

Phantom 3 Professional UAS, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 

H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

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

From Which Hawk Bait Aerial Photography Seeks Exemption:

Hawk Bait Aerial 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 Hawk Bait Aerial 

Photography Seeks:

This exemption will permit Hawk Bait Aerial 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 Information, Views, Or Arguments Available To Support Hawk 

Bait Aerial Photography Request.

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

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Hawk Bait Aerial 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 

31
whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification. As discussed in detail above, Hawk Bait Aerial 

Photography will operate the DJI Phantom 3 Professional 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.

H. Request For Blanket COA Approval

On March 24, 2015, the FAA announced that it has implemented a new policy of 

granting "blanket" COAs to applicants requesting exemptions from the Federal Aviation 

Regulations under Section 333 of the FAA Modernization and Reform Act of 2012. The 

Applicant hereby requests a "blanket" COA that conforms to the terms set forth in 

https://www.faa.gov/news/updates/?newsId=82245 upon approval of Hawk Bait Aerial 

Photography's exemption request.

CONCLUSION

As set forth herein, Hawk Bait Aerial Photography seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA),

which will permit safe operation of the DJI Phantom 3 Professional UAS commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing UAV

Aerial Video to safely, efficiently, and economically operate the DJI Phantom 3 Professional 

UAS commercially within the NAS.

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

Modernization and Reform Act of 2012, Section 333, Hawk Bait Aerial Photography 

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Hawk Bait Aerial 

Photography to operate the DJI Phantom 3 Professional UAS commercially for the 

purpose of conducting aerial video and photography of Real Estate Properties (for 

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homeowners, Realtors, home builders, home contractors and / or home inspectors for 

real 

estate marketing and inspection of home exteriors) as well as filming of special events, 

film sets, scripted and unscripted television sets and landscape as well as conducting 

power line inspection, aerial mapping, surveying and search and rescue over certain 

areas of the United States.

Dated: August 21, 2015

Respectfully submitted,

Patrick A. Ewald, Owner

Hawk Bait Aerial Photography

256 Horizon Circle

Grass Valley, CA 95945

Tel: 530-624-4874

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APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS

Hawk Bait Aerial Photography only utilizes safe and reliable UASs. DJI 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 can 

also be set to limit flight to no higher than a predetermined and set altitude as well as limit 

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet 

devices)

DJI Phantom 3 Pro

Aircraft

Weight (Battery & Propellers Included): 2.82 lbs (1280g) 

Hovering Accuracy (GPS Mode) Vertical: +/- 10cm, Horizontal: +/- 1m

Max Ascent Speed: 5m/s 

Max Descent Speed: 3m/s 

Max Speed: 16m/s (ATTI mode, no wind) 

Max Flight Altitude: 6000m 

Max Flight Time: Approximately 23 minutes

Operating Temperature Range: 32°F to 104°F (0°C to 40°C)

Dimensions: 27 1/8" x 27 1/8" x 7.5" 

GPS Mode: GPS/GLONASS

Gimbal 

Controllable Range Pitch: - 0°C to + 30°C

Vision Positioning

Velocity Range: < 8 m/s (2 m above the ground) 

Altitude Range: 30 cm-300 cm

Operating Range: 30 cm-300 cm

Operating Environment: Brightly lit (lux >15) patterned surfaces

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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)

ISO Range: 100-3200 (Video) 100-1600 (Photo)

Electronic Shutter Speed: 8/s - 1/8000s

Image Max Size: 4000x3000

 Single Shot

 Burst shooting 3/5/7 frames

Still Photography Modes: 

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed frames at 0.7EV Bias

 Time Lapse

Supported SD Card Types:

 Micro SD

 Max capacity: 64GB. Class 10 or UHS-1 rating required

Video Recording Modes:

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

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1281x720p 24/25/30/48/50/60

Max Bit Rate Of Video Storage: 60 Mbps

Supported File Formats: FAT 32/exFAT

 Photo: JPEG, DNG

 Video: MP4/MOV (MPEG-4 AVC/H.264

Operating Temperature Range: 0°C to 40°C

Remove Controller

Operating Frequency: 2.400 GHz-2.483 GHz

Transmitting Distance: 2000 m (Outdoor And Unobstructed

Video Output Port: USB

Operating Temperature Range: 0°C to 40°C

Battery: 6000 mAh LiPo 2s

Mobile Device Holder: Tablets and smartphones

Transmitter Power (EIRP): FCC: 20 dbm; CE: 16 dbm

Working Voltage: 1.2 A @ 7.4 V

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Charger

Voltage: 7.4 V

Rated Power: 100 W

Intelligent Flight Battery (PH3-4480 mAh-15.2 V)

Capacity: 4481 mAh

Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 W

Net Weight: 365 g

Operating Temperature: -10°C to 40°C

Max Charging Power: 100 W

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APPENDIX – B

DJI PHANTOM 3 PRO MANUFACTURER’S USER MANUAL

Most current version of the user manual can be found at:

DJI Phantom 3 Professional User Manual (EN) V1.2

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APPENDIX – C

Hawk Bait Aerial Photography Monthly Maintenance Log

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