1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: RYAN M. THOMASSON

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, DJI

Inspire 1 UNMANNED AIRCRAF T SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on April 24, 2015

Ryan M. Thomasson

415 S. Circle Ave

Port Barrington

, IL 60010

865

- 386

- 2207

FAA AIRMAN CERTIFICATE # 36752512 TABLE OF CONTENTS

Page

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

...... ......................................3

SUMMARY...........................................................................

..... .............................. ................4

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

....... ...............................4

BACKGROUND....................................................................................

... ...............................4

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

... .......................5

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

..... .................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RYAN M. THOMASSON SEEKS

EXEMPTION..............................................................................................

... ..........................8

THE EXTENT OF RELIEF RYAN M. THOMASSON AND THE REASON RYAN M.

THOMASSON S EEKS THE RELIEF.........................................................

. ........................ .. . 9

THE REASONS WHY GRANTING RYAN M. THOMASSON REQUEST WOULD BE IN

THE PUBLIC INTEREST ..............................................................................

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY........................................................................................................

.. .......13

SUMMARY THAT CAN BE PUBLISHED IN THE FEDE RAL REGISTER.............

....... ........ 23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT RYAN M. THOMASSON’S REQUEST.............................................

..... ...2 4

CONCLUSION...................................................................................

.......................... . ........ 24

APPENDICES..................................................................

..... ............ . ... ............ .253 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Cod e 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 Airm an

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 Landing4 SUMMARY

Ryan M. Thomasson 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

91.41 7(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 Ryan M.

Thomasson to operate an Unmanned Aircraft System (UAS) for the commercial purpose of

condu cting aerial video and photography of construction sites, real estate, Special Events

and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Ryan M. Thomasson provides clients with expertise in advanced photogr aphy and

videography technologies to increase productivity and effectiveness. Ryan M. Thomasson

has 20 background combining program management, process engineering and quality

management in the communications, automotive, aerospace and marine industries.

H e has over 30 years recreational/hobby experience in remote controlled vehicles.

Additionally, he currently holds a Airplane Single Engine Land; Instrument Airplane

certificate and medical certificate third class. The objective of Ryan M. Thomasson ’s aeria l

video and photography operations is to provide high quality imaging for a variety of

commercial, public, and residential uses, specifically targeting:

 Real estate and private property aerial photography

 Aerial event photography

 Search and Rescue

 Aerial i mages used for inspections of public and private structures, and

 Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3, DJI Inspire 1

Ryan M. Thomasson seeks an exemption to operate DJI syst ems for compensation or

hire within the NAS.



###  DJI Models: Phantom 3, and Inspire 1 are lightweight (under 3lbs, and 6.5lb.

gross weight respectively), battery operated Multi

- Rotor VTOL aircraft

 An on

- board flight computer with GPS navigation and location ab ility that

receives signals for flight controls from a ground

- based transmitter/controller

 An on

- board camera attached to the UA via three axis gimbal, capable of

capturing full color, high definition imagery

 An on

- board telemetry system that delivers flig ht data from the on

- board flight

computer to the on

- board radio transmitter including altitude AGL, horizontal and

vertical speed, compass direction of flight and direction back to its launch site

The DJI UAS that will be operated by Ryan M. Thomasson wil l be registered in accordance

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

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

Registration Marking

.5 BASIS FOR PETITION

Petitioner, R yan M. Thomasson, 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 Administrat or to commercially operate the DJI Phantom 3, DJI Inspire 1 UAS in

the National Airspace System (NAS), and for an exemption from the requirements of 14

C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), an d 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with

the unmanned aircraft and its operation, Ryan M. Thomasson’s operation of DJI Phantom 3,

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

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

Accordingly, Ryan M. Thomasson requests relief from Sections 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sectio ns set forth requirements for

maintenance that only apply to aircraft with an airworthiness certificate.

Ryan M. Thomasson submits that the requested relief is proper since an equivalent level

of safety will be ensured. Ryan M. Thomasson will use experien ced personnel or

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

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

Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 Inst ruction Manual).

Furthermore Ryan M. Thomasson will document and maintain all maintenance records for

the DJI Phantom 3, DJI Inspire 1 UAS.

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

privileges and limitations: P ilot in command , is requested by Ryan M. Thomasson to the

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting

minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

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

evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, v ehicles and structures.

Ryan M. Thomasson seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness

, because the DJI Phantom 3, DJI Inspire 1 UAS does not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Ryan M. Thomasson

submits that he will ensure that the DJI Phantom 3, DJI Inspire 1 UAS is in an airworthy

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

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

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

Ryan M. Thomasson also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the DJI Phantom 3, DJI Inspi re 1 UA will not have a typical

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

Inspire 1 UAS will be provided to the PIC via Global Positioning System (GPS) equipment

and radio communications telemetry data link, whic h downlinks from the UA to the GCS for6

active monitoring of the flight path. This altitude information, combined with Ryan M.

Thomasson’s operation of the DJI Phantom 3, DJI Inspire 1 UAS within visual line of sight,

at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Ryan M. Thomasson seeks an exemption from the requirements of Section

91.151(b), entitled Fuel requirements for flight in VFR conditions . Ryan M. Thomasson

submits that safety will not be affect ed by operation of the DJI Phantom 3, DJI Inspire 1 UA

during daylight hours in visual meteorological conditions (VMC) under visual flight rules

(VFR), with enough battery power to fly for a total duration of approximately 13.5 minutes to

the first point o f 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, Ryan M. Thomasson provides the following

information in support of its petition for exemption:

A. Name And Address O f The Petitioner.

The name and address of the Petitioner and point of contact is:

Ryan M. Thomasson

415 S. Circle Ave

Port Barrington, IL 60010

Tel: ( 865 ) 386

- 2207

Email: ryanmthomasson@yahoo .com

B. The Specific Sections Of 14 C.F.R. From Which Ryan M. Thomasson Seeks

Exemption.

1. Ryan M. Thomasson 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 r elevant 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. Ryan M. Thomasson 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 i n an airworthy condition.7

3. Ryan M. Thomasson 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 cr uising altitude or flight level of that

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

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft;

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

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

(iii) In the case of an aircraft not equipped with a rad io, the elevation of the departure

airport or an appropriate altimeter setting available before departure.

4. Ryan M. Thomasson Seeks Exemption From The Requirements Of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR condi tions , 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. Ryan M. Thomasson 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 chapt er[.]

6. Ryan M. Thomasson 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

--8

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

chapter [.]

7. Ryan M. Thomasson Seeks Exemption Fr om 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 prece ding 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 airworthin ess certificate in accordance with

part 21 of this chapter.

8. Ryan M. Thomasson 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) E xcept 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 al teration 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 servi ce.

(2) Records contai ning 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.9

( 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 inspec tion 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 othe r 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 Ryan M. Thomasson Seeks And The Reason Ryan M.

Thomasson Seeks The Relief.

1. Extent Of R elief Ryan M. Thomasson Seeks And The Reason Ryan M. Thomasson

Seeks Relief From Section 61.113(a) And (b).

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

in command

, is requested to the extent necessary to a llow a PIC holding a private pilot or

higher level certificate, as well as a current and valid airman medical certificate, and who

has met certain flight

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

operations for compensation or hire

.

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

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

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

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

compensation or hire.

As set forth more fully below, Ryan M. Thomasson submits that an equivalent level of10

safety will be maintained because no PIC will be all owed to operate the DJI Phantom 3, DJI

Inspire 1 UAS unless that PIC has met certain flight

- hour and currency requirements,

demonstrating that the PIC is able to safely operate the DJI Phantom 3, DJI Inspire 1 UAS

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

including evasive and emergency maneuvers, as well as maintaining appropriate distances

from people, vessels, vehicles and structures.

Further, Ryan M. Thomasson submits that all flights of the DJI Phantom 3 , DJI Inspire 1

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

Ryan M. Thomasson business; and (2) will not carry passengers or property for

compensation or hire.

2. Extent Of Relief Ryan M. Thomasson Seeks And The Reason Ryan M. Thomasson

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 Ryan M. Thomasson to determine that the DJI Phantom 3, DJI Inspire 1

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

with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI

Inspire 1 Instruction Manual).

Ryan M. Thomasson seeks the requested relief because th e DJI Phantom 3, DJI Inspire 1

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H. Therefore, Ryan M. Thomasson will ensure that the DJI Phantom 3, DJI Inspire

1 UAS is in airworthy condition based upon its c ompliance with the operating documents

(i.e., Monthly Maintenance Log, and DJI Phantom 3, DJI Inspire 1 UAS Instruction Manual)

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

stated in the conditions and limitation s below.

3. Extent Of Relief Ryan M. Thomasson Seeks And The Reason Ryan M. Thomasson

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, DJI 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 informati on concerning UAS operations be reported to air

traffic control (ATC) in feet above ground level (AGL), Ryan M. Thomasson seeks the

requested relief because the DJI Phantom 3, DJI Inspire 1 UA altimeter may be set on the

ground to zero feet AGL, rather tha n 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, DJI Inspire 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure set ting 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.11

4. Extent Of Relief Ryan M. Thomasson Seeks And The Reason Ryan M. Thomasson

Seeks Relief From Section 91.151(b).

R elief 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, DJI

Inspire 1 UA 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. Ryan M.

Thomasson seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered DJI Phantom 3, DJI Inspire 1 UA

will severely constrain the practicality of any aerial video or still photo flight operations that

Ryan M. Thomasson proposes to conduct purs uant to this Petition.

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

Inspire 1 UAS, the DJI Phantom 3, DJI Inspire 1 operating documents, and Ryan M.

Thomasson’s proposed operating limitations, ensure that Ryan M. Thomasson will safely

operate the battery powered DJI Phantom 3, DJI Inspire 1 UA during daylight hours in visual

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

to fly for a total duration of 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 Ryan M. Thomasson Seeks And The Reason Ryan M. Thomasson

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2),

And 91.417(a) & (b).

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

only apply to aircraft with an airworthiness certificate, Ryan M. Thomasson requests relief

from these Sections because the DJI Phantom 3 , DJI Inspire 1 UAS does not require

airworthiness certificates. As set forth more fully below, the DJI Phantom 3, DJI Inspire 1

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness

certificate. Accordingly, Ryan M. Thomasso n will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS ope rating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3, DJI Inspire 1 ). Furthermore, Ryan M. Thomasson

will document and maintain all maintenance records for the DJI Phantom 3, DJI Inspire 1

UAS.

D. The Reasons Why Granting Ryan M. Thomasson’s Request Would Be In The

Public

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

Granting the present Petition will further the public interest by allowing Ryan M. Thomasson

to safely, efficiently, and economically perform aerial video and photography of construction

sites, real estate, Special Events and landscape over certain areas of the United States

.

Additionally, use of the DJI Phantom 3, DJI Inspire 1 UAS will decrease congestion of the

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

benefits of Ryan M. Thomasson’s proposed op eration of the DJI Phantom 3, DJI Inspire 1

UAS will be realized without implicating any privacy issues.12

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

The DJI Phantom 3, DJI Inspire 1 UA 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, DJI Inspire 1 UAS would reduce the

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase

the safety of life and property in the air and on the ground.

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

arou nd airports caused by arriving and departing aircraft will be reduced. The DJI Phantom

3, DJI Inspire 1 UA does not require an airport to takeoff or land. Likewise, a reduction

of manned aircraft conducting aerial video and photography missions would resul t 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, DJI

Inspire 1 UAS.

Co nducting aerial acquisitions with the DJI Phantom 3, DJI Inspire 1 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 photograph y flight

operations. By using battery power and electric motors, the DJI Phantom 3, DJI Inspire 1

UAS produces no air pollution, and is the most viable environmentally conscious alternative

to the cabin class, six cylinder internal combustion engine aircra ft that are typically utilized

for aerial video and photography, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The DJI Phantom 3, DJI Inspire 1 UA, while reducing the carbon

footprint of aerial acquisitions, also eliminates no ise pollution, as the UAs are propelled by

battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3, DJI Inspire 1 UAS to perform aerial acquisitions, the

substantial risk to life and property in the air and o n the ground, which is usually associated

with traditional access methods, will be substantially reduced or completely eliminated.

Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3,

DJI Inspire 1 UA ( 

### under 3lbs, and 6.5lb. gross weight 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 approxi mately 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, DJI

Inspire 1 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3, DJI Inspire 1 UAS is also an

economical alternative to using manned aircraft to conduct similar aerial operations. As

such, operation of the DJI Phantom 3, DJI Inspire 1 UAS will allow United States based

com panies, like Ryan M. Thomasson’s, 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. owned13

and operated companies must adopt new and alternative technology in order to remain

competitive. Operating the battery powered DJI Phantom 3, DJI Inspire 1 UAS s is one such

technology that not only allows companies greater operational flexibility com pared to

manned aircraft, but provides such flexibility without the high operational cost of a traditional

manned aircraft.

By operating the DJI Phantom 3, DJI Inspire 1 UAS, companies such as Ryan M.

Thomasson ’s, can remain competitive and profitable, an d 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, DJI Inspire 1 UAS, provi des 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 Priva cy Issues.

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

decades, Ryan M. Thomasson’s proposed operation of the DJI Phantom 3, DJI Inspire 1

UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3, DJI Inspire 1

UAS will be operated only in compliance with operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3, DJI Inspire 1 ) which requires property owner

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

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

91.119.

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

How The Exemption Would Provide A Level Of Safety At Least Equal To T hat

Provided By The Rule From Which Ryan M. Thomasson Seeks Exemption.

1. Reasons Why The DJI Phantom 3, DJI Inspire 1 UA 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, Ryan M. Thomasson’s operation of the DJI

Phantom 3, DJI Inspire 1 UAS meets the conditions of FMRA Section 333, and will not

require an airworthiness certificate in accor dance 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 o f

Transportation shall determine if certain unmanned aircraft systems may operate

safely in the national airspace system before completion of the plan and rulemaking

required by section 332 of this Act or the guidance required by section 334 of this

Act.14

(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 capab ility, 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, certi ficate 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, Ryan M. Thomasson submits that the DJI Phantom 3, DJI Inspire

1 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI Phantom 3, DJI Inspire 1 UAS ; (b) the pilot certification

requi rement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3, DJI Inspire 1 UAS Demonstrate Its

Safe Characteristics.

The DJI Phantom 3, DJI Inspire 1 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, DJI Inspire 1 UAS.

The technical specification of the DJI Phantom 3, DJI Inspire 1 UAS is set forth by

the DJI Phantom 3, DJI Inspire 1 Specifications and Data She et, attached hereto as

Exhibit A and B

.

ii. The DJI Phantom 3, DJI Inspire 1 UAS Autonomous Flight And Navigation

Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 3, DJI Inspire 1 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, DJI Inspire 1 UAS is provided i n the DJI Phantom 3,

DJI Inspire 1 User Manual, attached hereto as Exhibit C and D

.

iii. The DJI Phantom 3, DJI Inspire 1 UAS is Designed For Automatic Return

To Home Point Or Hover In The Event Of Loss Of The Control Link Or

Navigation.15

When the Control Link is lost, the DJI Phantom 3, DJI Inspire 1 UA will remain stationary, in

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3, DJI Inspire 1 UA does

not reacquire control link data from the GCS, the UAs will assume that the Control Link is

lost and the UAs will retur n to the home position (i.e., failsafe mode) via GPS, and will

descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3, DJI Inspire 1 UAS

are set forth i n the DJI Phantom 3, DJI Inspire 1 User Manual, attached

hereto as Exhibit C and D

.

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

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

1 GCS and flight control software is provided i n the User Manual. DJI Phantom 3, DJI

Inspire 1 User Manual is attached hereto as Exhibits C and D

.

b. Flight Operations Of DJI Phantom 3, DJI Inspire 1 UAS is Limited To The Line Of

Sight Of A Pilot in Command With A Safety Observer.

Ryan M. Thomasson will only utilize pilots who possess a current and valid medical

certificate to act as a pilot in command (PIC) of the DJI Phantom 3, DJI Inspire 1 UAS.

Additionally, a safety observer will assist all pilots durin g flight time.

c

. Flights Of DJI Phantom 3, DJI Inspire 1 UAS Will Be Conducted Pursuant To

Specific Operating Limitations.

In seeking this exemption, Ryan M. Thomasson proposes to commercially operate DJI

Phantom 3, DJI Inspire 1 UAS for the special pur pose of conducting aerial video and

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

limitations:

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

described in the o perating documents, rotorcraft UASs weighing less than 55 pounds

maximum gross weight: DJI Phantom 3, DJI Inspire 1 Unmanned Aircraft Systems.

Proposed operations of any other aircraft will require a new petition or a petition to amend

this grant.

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

purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 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 by ATC. All altitudes reported to ATC must be in feet

AGL.

5. The UA 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 corrective16

lenses.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations m ust utilize a safety observer (SO). The SO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC

must be able to communicate verbally at all times. Electronic messaging or texting is not

permitted d uring flight operations. The PIC must be designated before the flight and cannot

transfer his or her designation for the duration of the flight. The PIC must ensure that the

SO can perform the functions prescribed in the operating documents.

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

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

to operate the camera or other instruments.

9. The operating documents and the grant of e xemption 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 document s, the conditions and limitations contained in

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

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

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

revisions and present updated and revised documents to the Administrator upon request.

The operator must also present updated and revised documents if it petitions for extension

or amendment to the grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted the exemption, then the

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

Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the

operating documents.

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

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

the aircraft is prohibited from operating until the necessary maintenance has been

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

Station must be included in the preflight inspection. All maint enance 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 co vered in the relevant sections of the

operating documents.

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

overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance , inspections, and record keeping17

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, des cription 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 air craft record of the corrective action

taken against discrepancies discovered between inspections.

17. The PIC must possess at least a current medical certificate.

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

qual ification 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,

v ehicles 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 ma y only be

conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered nonparticipants,

and the PIC must operate the UA with appropriate distance from nonparticipants in

accordance with 14 C.F.R.

§ 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). If flight at

night is required , a special request will be made at the FAA office closest to proposed area

of operations. Flights under special visual flight rules (SVFR) are not authorized.

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

on a current FAA

- published aeronautical chart unless a letter of agreement with that

airport’s management is obtained, and the operation is conducted in accordance with a

NOTAM as required by the operator’s COA. The letter of agreement with the airport

manage ment 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 com munications 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 forecast18

weather conditions) there is enough po wer 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 th e operator to request a Notice to Airman (NOTAM) not more

than 72 hours in advance, but not less than 48 hours prior to the operation. All operations

shall be conducted in accordance with airspace requirements in the ATO issued COA

including class of airsp ace, altitude level and potential transponder requirements.

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber)

markings in acco rdance 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

oth er 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 avai lable to the Administrator or any law enforcement official

upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations

and activities at all times.

30. The UAS may not be operated by the PIC from any moving dev ice or vehicle.

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

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

and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

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

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

where nonparticipating persons leav e 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 permissio n 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).

32. All operations shall be conducted over private or controlled

- access property with19

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

land owner/controller or authorized repr esentative will be obtained for each flight to be

conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA's UAS In tegration 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.

Ryan M. Thomasson 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, DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight

- hour and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3, DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive

and emergency maneuvers and maintainin g appropriate distances from people, vessels,

vehicles and structures.

Considering Ryan M. Thomasson’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, DJI Inspire 1 UAS,

Ryan M. Thomasson submits that the additional manned airmanship experience of a

commercially certi ficated pilot would not correlate to the airmanship skills necessary for

Ryan M. Thomasson’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all materi al 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).

Ryan M. Thomasson will not allow any PIC to operate the DJI P hantom 3, DJI Inspire 1

UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or

the DJI Phantom 3, DJI Inspire 1 UAS training and currency requirements, that the PIC is

able to safely operate the DJI Phantom 3, DJI Inspire 1 UA S 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 wit h

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

hours of those hours as a UAS pilot operating the same make and model of UAS to be used

for operations under the exemption). In addition to the hour requirements, the PIC must

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience20

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

of safety during Ryan M. Thomasson’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 mode l 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 complianc e with

applicable regulations would satisfy this requirement. Training, proficiency, and

experience building flights can also be conducted under the grant of exemption to

accomplish the required flight time. During training, proficiency, and experience

bui lding 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, Ryan M. Thomasson will ensure safe operations by not allowing any PIC

to operate the DJI Phant om 3, DJI Inspire 1 UAS unless that PIC has demonstrated, by

meeting minimum flight

- hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3, DJI Inspire 1 UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

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

Would Not Adversely Affect Safety.

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

because prior to every flight, Ryan M. Thomasson will ensure that the DJI Phantom 3, DJI

Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the condi tions 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, 11 067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).21

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 3, DJI Inspire 1 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 monito ring of the flight path and altitude. This

altitude information, combined with Ryan M. Thomasson’s operation of the DJI Phantom 3,

DJI Inspire 1 UA within visual line of sight, at or below 400 feet AGL, will ensure a level of

safety equivalent to Section 9 1.121. The altitude information will be generated by GPS

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

automatically established by the UASs at ground level.

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

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 tech nical specifications of the DJI

Phantom 3, DJI Inspire 1 UAS; (2) the limitations on the proposed flight operations; and (3)

the location of the proposed flight operations. Accordingly, Ryan M. Thomasson will ensure

that it will safely operate the battery powered DJI Phantom 3, DJI Inspire 1 UA 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 leas t 4.5 minutes.

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

Inspire 1 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, DJI Inspire 1

UAS provide audible and visual warnings to the PIC at the GCS when the UAs experiences

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

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

level, the DJI Phantom 3, DJI Inspire 1 UAS 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. Exemption Nos. 8811, 1 0808, 10673, 11042, 11062, 11063,

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

11157, 11158, 11159, 11160, 11161).22

6. Reasons Why An Exemption From The Requirements Of Sections

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

Not Adversely Affect Safety.

In seeking this exemption, Ryan M. Thomasson 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 Ryan M. Thomasson 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., Monthly Maintenance Log, and DJI

Phantom 3, DJI Inspire 1 Instruction Manual). Furthermore, Ryan M. Thomasson will

document and maintain all maintenance records for the DJI Phantom 3, DJI Inspire 1 UAS

.

Since the DJI Phantom 3, DJI Inspire 1 UAS will be inspected as prescribed by the

operating documents, Ryan M. Thomasson will maintain the equivalent level of safety

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

Phantom 3, DJI Inspire 1 User Manual is attached hereto as Exhibit B; a copy of the DJI

Phantom 3, DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because Ryan M.

Thomasson 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 Sec tions 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 3, DJI Inspire 1 UAS will be performed by trained technicians. Maintenance

will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous e xemptions granted by the FAA concerning Sections

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

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of Ryan M. Thomasson’s proposed operating limitations, the operating

documents, and the technical aspects of the DJI Phantom 3, DJI Inspire 1 UAS, Ryan M.

Thomasson submits that safety will not be adversely affected by granting exemption fro m

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, 11 063, 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, Ryan M. Thomasson requests

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3,

DJI Inspire 1 UAS, which contain such safety standards th at the Administrator finds23

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

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

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

safe operation of the UAs for the limited purpose of conducting aerial video and

photography over certain areas of the United States for compensation or hire. FMRA

Section 333 sets forth the requirements for consi dering 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 requirement s 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, DJI Inspire 1 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 t his subchapter do not contain

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller

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

prescribes special conditions and amendment s thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety

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

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

See 14 C.F.R. § 21.16.

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

may prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom

3, DJI Inspire 1 UAS, whi ch 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 Ryan M. Thomasson Seeks Exemption:

Ryan M. Thomasson seeks exemption from the requirements of 14 C.F.R Sections

61.11 3(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 Ryan M. Thomasson Seeks:

This exemption will permit Ryan M. Thomasson to commercially operate an Unmanned

Aircraft System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States.24

G. Any Additional Information, Views, Or Arguments Available To Support Ryan M.

Thomasson’ s Request.

This Petition is mad e 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, Ryan M. Thomasson’s request for exemption may be

granted pursua nt 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

se curity; and further, provides the authority for such UAS to operate without airworthiness

certification.

As discussed in detail above, Ryan M. Thomasson will operate the DJI Phantom 3, DJI

Inspire 1 UAS safely in the NAS, without creating a hazard to user s of the NAS, or the

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Ryan M. Thomasson 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, DJI Inspire 1 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, t he 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 Ryan M. Thomasson to safely,

efficiently, and economically operate the DJI Phan tom 3, DJI 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, Ryan M. Thomasson respectfully

requests that the Administrator grant this P etition 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 Ryan M. Thomasson to operate the

DJI Phantom 3, DJI Inspire 1 U AS commercially for the purpose of conducting aerial video

and photography over certain areas of the United States. Dated: April 24, 2015

Respectfully submitted,

Ryan M. Thomasson

_________________________

Ryan M. Thomasson

415 S. Circle Ave

Port Barringt on, IL 60010

Tel: (865) 386

- 2207

FAA AIRMAN

CERTIFICATE # 367525125

Appendices:

A

– DJI Phantom 3 Specifications Data Sheet

B

– DJI Inspire 1 Specifications Data Sheet

C

– DJI Phantom 3 Manufacturer’s User Manual

D

– DJI Inspire 1 Manufacturer’s User Manual

E

– Monthly Maintenance Log

APP ENDIX

– A

DJI Phantom 3 TECHNICAL SPECIFICATIONS

Ryan M. Thomasson 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 n ot 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

l ocation information to the PIC via the linked monitor (smart phone/tablet devices)

Aircraft

Weight (including battery and propellers) 1280 g

Diagonal size (including propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/ s

Hover Accuracy Vertical: +/

- 0.1 m (when Vision Positioning is active) or

+/

- 0.5 m Horizontal: +/

- 1.5 m

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

Max Altitude Above Sea Level 6000 m

Operating Temperature 0°C to 40°C

GPS Mode GPS/GL ONASS

Camera

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

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

ISO Range 100

- 3200 (video) 100

- 1600 (photo)

Shutter Speed 8s

- 1/8000s

Image Max Size 4000 x 3000

Still Photography Modes

•Single Shot

•Burst Shooting: 3/5/7 shots

•Auto Exposure Bracketing (AEB): 3/5

•Bracketed Frames at 0.7EV Bias26

•Time

- lapse

Video Recording Modes

Phantom 3 Professional

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

•FHD: 1920x1080p 24/25/30/48/50/60

•HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

•FHD: 1920x1080p 24/25/30/48/50/ 60

•HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

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

- 1 rating required

Max Bitrate of Video Storage

Phantom 3 Professional 60 Mbps

Phantom 3 Advanced 40 Mbps

Supported File Formats

•FAT32/exFAT

•Photo: JPEG, DNG

•Video: MP4, MOV (MPEG

- 4 AVC/H.264)

Operating Temperature 0°C to 40°C

Gimbal

Controllable Range Pitch

- 90° to +30°

Stabilization 3

- axis (pitch, roll, yaw)

Vision Positioning

Max Velocity Less than 8 m/s (when 2 m a bove ground)

Altitude Range 30 cm

- 300 cm

Operating Range 30 cm

- 300 cm

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

Remote Controller

Operating Frequency 2.400 GHz

- 2.483 GHz

Max Distance 2000m (outdoors and unobstructed)

Video Output Port USB

Operating Temperature 0°C

- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

- 101 dBm ±2 dBm

Transmitter Power (EIRP)

•FCC: 20 d Bm27

•CE: 16 dBm

Working Voltage 1.2 A @7.4 V

Battery Charger

Voltage 17.4 V

Rated Power

Phantom 3 Professional

•100 W

Phantom 3 Advanced

•57 W

Intelligent Flight Battery

Capacity 4480 mAh

Voltage 15.2 V

Battery Type LiPo 4S

Energy 68 Wh

Net Weight 365 g

Max Flight Time Approximately 23 minutes

Operating Temperature

- 10°C to 40°C

Max Charging Power 100 W

App / Live View

Mobile App DJI Pilot

EIRP 100mW

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and mobile device)

Latency 220ms (depending on conditions and mobile device)

Required Operating Systems

•iOS 8.0 or later

•Android 4.1.2 or late r

Recommended Devices

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

- Fi + Cellular, iPad mini 2,

iPad mini 2 Wi

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

- Fi + Cellular, iPad mini 3, and iPad

mini 3 Wi

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

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

Nubia Z7 mini

APPENDIX

– B

DJI Inspire 1 TECHNICAL SPECIFICATIONS

Ryan M. Thomasson only utilizes safe and reliable UASs. DJ I is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user to

set parameters which will not allow flight into controlled airspace. Parameters can also be

set to limit flight to no higher than a pred etermined 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)28

Aircraft

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (GPS mode) Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

M otor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range

- 10° to 40° C

Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm

Gimbal

Model ZENMUSE X3

Output Power (with camera) Static: 9 W

In Motion: 11 W

O perating Curre nt Station: 750 mA

Motion: 900 mA

Angular Vibration Range ±0.03°

Mounting Detachable

Controllable Rang e Pitch:

- 90° to +30°

Pan: ±320°

Mechanical Range Pitch:

- 125° to +45°

Pan: ±330°

Max Controllable Speed Pitch: 1 20°/s

Pan: 180°/s

Camera

Name X3

Model FC350

Total Pixels 12.76M

Effective Pixels 12.4M

Image Max Size 4000x3000

ISO Range 100

- 3200 (video)

100

- 1600 (photo)

Electronic Shutter Speed 8s

- 1/8000s29

FOV (Field of View) 94°

CMOS Sony EXMOR 1/2.3”

Lens 20mm (35mm format equivalent)f/2.8 focus at ∞

9 Elements in 9 groups

Anti

- distortion

Still Photography Modes

Single shoot

Burst shooting: 3/5/7 frames

Auto Exposure Bracketing (AEB): 3/5 bracketed frames at 0.7EV Bias

Time

- lapse

Video Recording Modes

UHD (4K): 4096x2160p24/25, 3840x2160p24/25/30

FHD: 1920x1080p24/25/30/48/50/60

HD: 1280x720p24/25/30/48/50/60

Max Bitrate of Video Storage 60 Mbps

Supported File Formats

FAT32/exFAT

Phot o: JPEG, DNG

Video: MP4/MOV (MPEG

- 4 AVC/H.264)

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS

- 1 rating required.

Operating Temperature Range 0° to 40° C

Remote Controller

Name C1

Operating Frequency 5.725~5.82 5 GHz

2.400~2.483 GHz

Transmitting Distance (outdoor and unobstructed) 2 km

EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G

Video Output Port USB, mini

- HDMI

Power Supply Built

- in battery

Charging DJI charger

Dual User Capability Host

- and

- Slave connection

Mobile Device Holder Tablet or Phone

Max Mobile Device Width 170mm

O utput Power 9 W

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range Less than 3 months:

- 20° to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range 0

- 40° C

Battery 6000 mAh LiPo 2S

Charger

Model A14

- 100P1A

Voltage 26.3 V

Rated Power 100 W30

Battery (Standard)

Name Intelligent Flight Battery

Model TB47

Capacity 4500 mAh

Volt age 22.2 V

Battery Type LiPo 6S High voltage battery

Energy 99.9 Wh

Net Weight 570 g

Operating Temperature Range

- 10° to 40° C

Storage Temperature Range Less than 3 months:

- 20° to 45° C

More than 3 months: 22° C to 28° C

Charging T emperature Range 0° to 40° C

Max Charging Power 180 W

Battery (Optional)

Name Intelligent Flight Battery

Model TB48

Capacity 5700 mAh

V oltage 22.8 V

Battery Type LiPo 6S

Energy 129.96 Wh

Net Weight 670 g

Operating T emperature Range

- 10° to 40° C

Storage Temperature Range Less than 3 months:

- 20 to 45° C

More than 3 months: 22° to 28° C

Charging Temperature Range 0° to 40° C

Max Charging Power 180 W

Vision Positioning

Velocity Ra nge Below 8 m/s ( 2 m above ground)

Altitude Range 5

- 500 cm

Operating Environment Brightly lit (lux > 15) patterned surfaces

Operating Range 0

- 250 cm

App / Live View

Mobile App DJI Pilot

EIRP 100mW

Live View Working Frequency 2.4GHz ISM

Live View Quality 720P @ 30fps (depending on conditions and mobile device)

Latency 220ms (depending on conditions and mobile device)

Required Operating Systems

•iOS 8.0 or later

•Android 4.1.2 or late r31

Recommended Devices

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

- Fi + Cellular, iPad mini 2,

iPad mini 2 Wi

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

- Fi + Cellular, iPad mini 3, and iPad

mini 3 Wi

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

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

Nubia Z7 mini

APP ENDIX

– C

http://www.dji.com/product/phantom

- 3/download

APP ENDIX

– D

http://www.dji.com/product/inspire

- 1/download

APP ENDIX

– E