Brian Brill

Mountain Graphix

114 Village Place, Suite 315

Dillon, Colorado 80435

www.mtngraphix.com

970.389.0957

 

 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE Washington DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

To Whom it May Concern:

This application is substantially based on the FAA's findings in Exemption No.

FAA–2015–2779, granted on September 25, 2015, and in reliance on the analysis provided therein.

SUMMARY

Mountain Graphix seeks exemption from the requirements of 14 C.F.R §§ 61.23(a) and

(c), 61.101(e)(4) and (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) and (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 Mountain 

Graphix to operate an UAS for the commercial purpose of conducting aerial video and photography of 

inspection sites over certain areas of the United States.

INTRODUCTION OF THE PETITIONER 

Mountain Graphix provides its clients with information about how an accident happened.

The objective of Mountain Graphix is to provide the best and most effective inspection.

BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 Standard

Mountain Graphix seeks an exemption to operate DJI systems for compensation or hire within the NAS. The DJI 

Phantom 3 Standard is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control 

Station (GCS) utilizing electronic tablet or smart phone systems in tandem with its own dedicated remote 

system. The DJI Phantom 3 Standard has a maximum gross weight of 2.7 pounds with a diagonal size of 23.3 

inches and a maximum speed of approximately 31 knots. The DJI Phantom 3 Standard is equipped with four 

main rotors driven by a 6000mAh LiPo 2S powered electric motors and a Panasonic Smart FSI 1/2.3", 

Effective pixels 12M (Total pixels 12M) for image capture.

The DJI Phantom 3 Standard that will be operated by Mountain Graphix will be registered in accordance with 

49 U.S.C. 44103, as well as 14 C.F.R. Part 47, and marked in accordance with 14 C.F.R. Part 45.

BASIS FOR PETITION 

Petitioner, Mountain Graphix, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

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

Administrator to commercially operate the DJI Phantom 3 Standard UAS in the National Airspace System (NAS), 

and for an exemption from the requirements of 14 C.F.R §§ 61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a), and 91.417(a) & 

(b). In consideration of the speed, weight, size, and limited operation area associated with the unmanned

aircraft and its operation, Mountain Graphix’s operation of DJI Phantom 3 Standard meets the conditions of 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333 and therefore, will not require an 

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

requests relief from §§ 91.405(a) 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b), as these sections set 

forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Mountain 
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

Graphix submits that the requested relief is proper since an equivalent level of safety will be ensured. 

Mountain Graphix 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 Standard Instruction Manual). Furthermore, 

Mountain Graphix will document and maintain all maintenance records for the DJI Phantom 3 Standard UAS.

Relief from certain requirements of § 61.23(a) & (c) entitled Medical certificates: Requirement and duration, is 

requested by Mountain Graphix to operate the DJI Phantom 3 Standard without an issued medical certificate. 

Mountain Graphix will require all pilots to have an annual physical to ensure the pilot is fit to command. Relief 

from § 61.101(e)(4) & (5), 61.113(a), and 61.315(c)(2) & (3) entitled Recreational pilot privileges and 

limitations, Private pilot privileges and limitations: Pilot in command, and What are the privileges and limits of 

my sport pilot certificate? Respectively, is requested by Mountain Graphix to the extent necessary to allow a 

PIC holding a recreational, private, or sport pilot certificate, as well as a state Driver’s license, and who has 

demonstrated, by meeting minimum flight hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 Standard UAS in a manner consistent with this exemption, including evasive and 

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

where necessary.

Relief from § 91.7(a), entitled Civil aircraft airworthiness, because the DJI Phantom 3 Standard UAS does not 

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

Graphix submits the they will ensure that the DJI Phantom 3 Standard 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 Standard Instruction Manual), and that the aircraft are in a condition for 

safe flight.

Relief from § 91.119(c), entitled Minimum safe altitudes: General , because Mountain Graphix intends to use 

the DJI Phantom 3 Standard to collect aerial video and photographs of buildings and structures involved in an 

investigation. Outside of structures involved in an investigation, Mountain Graphix will maintain safe distance 

from structures, people, vessels, and vehicles.

Relief from § 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Standard UA will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Standard UA will be 

provided to the PIC via GPS equipment and radio communications telemetry data link, which downlinks from 

the UA to the Ground Control System for active monitoring of the flight path. This altitude information, 

combined with Mountain Graphix’s operation of the DJI Phantom 3 Standard within VLS at or below 500 feet 

AGL, will ensure a level of safety equivalent to § 91.121.

Relief from § 91.151(b), entitled Fuel requirements for flight in VFR conditions. Mountain Graphix submits that 

safety will not be affected by operation of the DJI Phantom 3 Standard UA during daylight visual meteorological 

conditions (VMC) under VFR, with enough battery power to fly for a total duration of approximately 13 minutes 

to the first point of intended landing and assuming normal cruising speed, to fly after that for at least 5 

minutes.

In accordance with 14 C.F.R. § 11.81, Mountain Graphix 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:

Mountain Graphix LLC.

Brian Brill

114 Village Place, Suite 315

Dillon, Colorado, 80435

B. The Specific §§ of 14 C.F.R. From Which Mountain Graphix Seeks Exemption. 

1. Mountain Graphix Seeks Exemption from the Requirement of §61.23(a) & (c). 

§ 61.23, entitled Medical certificates: Requirement and duration, subsections (a) and (c) prescribe the 

following

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a 

person—
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or 

supplemental operation in part 121 of this chapter that requires three or more pilots; or

(iii) When serving as a required pilot flight crew member in an operation conducted under part 121 of this 

chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than 

operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate;

(ii) When exercising the privileges of a recreational pilot certificate;

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;

(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight 

crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline 

transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a practical test or 

proficiency check for an airman certificate, rating, or authorization.

(c) Operations requiring either a medical certificate or U.S. driver's license.

(1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. 

driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light sport

aircraft other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light sport aircraft other than a glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in 

command or serving as a required flight crewmember of a light sport aircraft other than a glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a 

light sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or 

administrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of 

his or her most recent application (if the person has applied for a medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has held a medical 

certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate 

withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that person unable to operate 

a light sport aircraft in a safe manner.

2. Mountain Graphix Seeks Exemption From The Requirement Of § 61.101(e)(4) & (5). 

§ 61.101, entitled Recreational pilot privileges and limitations , subsection (e)(4) states the following:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in 

command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

3. Mountain Graphix Seeks Exemption From The Requirement Of § (5), 61.113(a). 

§ 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsection (a) states the following:

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation 

or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

4. Mountain Graphix Seeks Exemption From The Requirement Of § 61.315(c)(2) & (3). 

§ 61.315, entitled What are the privileges and limit of my sport pilot certificate? , subsection (c)(2) &

(3) states the following:

(c) You may not act as pilot in command of a light sport aircraft:

(2) For compensation or hire.

(3) In furtherance of a business.

5. Mountain Graphix Seeks Exemption From The Requirement Of § 91.7(a). 

§ 91.7, entitled Civil aircraft worthiness, subsection (a), states that:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

6. Mountain Graphix Seeks Exemption From The Requirement Of § 91.119(c). 

§ 91.119, entitled Minimum safe altitudes: General , subsection (c) states that: Except when necessary for 

takeoff or landing, no person may operate an aircraft below the following altitudes:

(c) O ver other than congested areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure.

7. Mountain Graphix Seeks Exemption From The Requirement Of § 

91.121. 

§ 91.121, entitled Altimeter Settings , subsection (a)(1) states the following, in part:

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

case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

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

aircraft;

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

altimeter setting of an appropriate available station; or

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

altimeter setting available before departure.

8. Mountain Graphix Seeks Exemption From The Requirement Of § 91.151(b). 

§ 91.151, entitled F uel 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.

9. Mountain Graphix Seeks Exemption From The Requirement Of § 91.405(a). 

§ 91.405, entitled Maintenance required , subsection (a) states: 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.

10. Mountain Graphix Seeks Exemption From The Requirement Of § 91.407(a)(1). 

§ 91.407, entitled O peration 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.

11. Mountain Graphix Seeks Exemption From The Requirement Of § 91.409(a). 

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

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

(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.

12. Mountain Graphix Seeks Exemption from The Requirement Of § 91.417(a) & (b). 

§ 91.417, entitled Maintenance records, subsections (a) & (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 100hour, annual, 

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life limited parts of each airframe, engine, propeller, rotor, and appliance.

(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 Mountain Graphix Seeks And The Reason Mountain Graphix Seeks The Relief. 

1. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 61.23(a) 

& (c). 

Relief from § 61.23(a), entitled Medical certificates: Requirement and duration, is requested to the extent 

necessary to allow a PIC, with a current physical from an approved practitioner but no medical certificate, to 

pilot the DJI Phantom 3 Standard. The limitations of § 61.23(a) sets forth the level of medical certificate one 

needs in order to pilot an aircraft. However, because the DJI Phantom 3 Standard does not require a physical 

pilot inside the vessel and because the DJI Phantom 3 Standard can be programmed to safely return, within

the same limitations the PIC would be required to follow, to the GCS and land in the event of loss of range or 

other emergencies a current physical will maintain a similar level of safety as the medical certificate would. 

Mountain Graphix requests that a current physical and valid driver’s license meet the safety requirements of 

this section.

2. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 

61.101(e)(4) & (5), 61.113(a), And 61.315(a). 

Relief from §§ 61.101(e)(4) & (5), 61.113(a), and 61.315(a), entitled Recreational pilot privileges and

limitations, Private pilot privileges and limitations: Pilot in command, and hat are the privileges and limits of 

my sport pilot certificate? , is requested to the extent necessary to allow a PIC holding a recreational, private, 
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

or sport pilot certificate as well as a valid driver’s license and current physical, 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 state that private, recreation, or sport pilots 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, Mountain Graphix submits that an 

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

Standard UAS unless that PIC has met certain flight hour and currency requirements, demonstrating that the

PIC is able to safely operate either the DJI Phantom 3 Standard 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 that are not part of an 

investigation.

Further, Mountain Graphix submits that all flights of the DJI Phantom 3 Standard conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to business; and (2) will not carry passengers or 

property for compensation or hire.

3. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 91.7(a). 

Relief from § 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Mountain 

Graphix to determine that the DJI Phantom 3 Standard 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 Standard Instruction Manual).

Mountain Graphix seeks the requested relief because the DJI Phantom 3 Standard UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. part 21, Subpart H. Therefore, Mountain Graphix will 

ensure that the DJI Phantom 3 Standard UAS is in airworthy condition based upon compliance with the 

operation documents (i.e. Monthly Maintenance Log, and DJI Phantom 3 Standard Instruction Manual) prior to 

every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions 

and limitations below.

4. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 

91.119(c). 

Relief from § 91.119(c), entitled Minimum safe altitudes: General, will be necessary in order to conduct

various investigations. The DJI Phantom 3 Standard would need to get close vessels, vehicles, and structures 

involved in the investigation in order to capture clear photographs of the inspection site.

Specifically, the § limits getting within 500 feet of any person, vessel, vehicle, or structure. Mountain Graphix 

requests relief from this limit against vessels, vehicles, and structures only when part of an active investigation 

with the property owner’s previous permission. Considering the hovering capabilities of the DJI Phantom 3 

Standard, which is ± 0.1 m vertically (when Vision Positioning is activated) and ± 1.5 m horizontally, a safer 

than 500 feet distance can be maintained. Furthermore, Mountain Graphix will incorporate a second remote 

system so that the VO or a third participant can operate the photography will the PIC can verify that the DJI 

Phantom 3 Standard is maintaining a safe distance from the structure, vehicle, or vessel.

5. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 91.121. 

Relief from § 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 

3 Standard UAS, which utilize 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), Mountain Graphix seeks the requested relief because the DJI 

Phantom 3 Standard 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 

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 Standard

UA 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 that PIC with altitude

information of the UA on the heads up display of the GCS.
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

6. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From § 

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 Standard UA during daylight hours in visual 

meteorological conditions, under visual flight rules, for a total duration of 13 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Mountain 

Graphix seeks the requested relief because without an exemption from this rule will severely constrain the 

practicality of any aerial video or still photo flight operations that Mountain Graphix proposes to conduct 

pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Standard UAS the operation documents, and Mountain Graphix’s proposed operating limitations, ensure that 

Mountain Graphix will safely operate the battery powered DJI Phantom 3 Standard UA during daylight hours in 

visual meteorological conditions, under visual flight rules, with enough battery power to fly for a total duration 

of 13 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 5 minutes.

7. Extent Of Relief Mountain Graphix Seeks And The Reason Mountain Graphix Seeks Relief From §§ 

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

Since §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), And 91.417(a) & (b) only apply to aircraft with an

airworthiness certificate, Mountain Graphix requests relief from these §§ because the DJI Phantom 3 Standard

UAS does not require an airworthiness certificate. As set forth more fully below, the DJI Phantom 3 Standard

UAS meets the conditions of FAA Modernization and Reform Act of 2012 (FMRA) Section 333 for operation 

without an airworthiness certificate. Accordingly, Mountain Graphix 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. Monthly Maintenance Log and DJI Phantom 3 Standard

Instruction Manual). Furthermore, Mountain Graphix will document and maintain all maintenance records for 

the DJI Phantom 3 Standard UAS.

D. The Reason Why Granting Mountain Graphix 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 Mountain Graphix to safely, efficiently, 

and economically perform aerial video and photography of homes, vehicles, vessels, construction sites, and 

other accident sites over certain areas of the United States. Additionally, use of the DJI Phantom 3 Standard

UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. 

Notably, the benefits of Mountain Graphix’s proposed operation of the DJI Phantom 3 Standard UAS will be 

realized without implicating any privacy issues.

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

The DJI Phantom 3 Standard UA is battery powered and serve as a safe, efficient, and economical alternative 

to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft 

needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Standard 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. Additionally, when Mountain Graphix must collect video and 

photographic evidence of ships and vessels off the coast, using the DJI Phantom 3 Standard will result in a 

reduction of congestion in the waterways and ultimately a reduction in fuel costs. Furthermore, by reducing the 

number of manned aircraft operations in the NAS, congestion around airports caused by arriving and departing 

aircraft will be reduced. The DJI Phantom 3 Standard UA does not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in 

fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom Standard UAS. 

Conducting aerial acquisitions with the DJI Phantom 3 Standard UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial 
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

video and still photography flight operations. By using battery powered and electric motors, the DJI Phantom 3 

Standard UAS produce no air pollution, and is the most viable environmentally conscious alternative to the 

cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 2030 gallons per hour of leaded aviation fuel. The DJI Phantom 3 

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

UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI 

Phantom 3 Standard UAS to perform aerial acquisitions, the substantial risk to life and property in the air and 

on the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard 

the aircraft, the DJI Phantom 3 Standard UA (weight approximately 2 pounds 13 ounces at its maximum gross 

weight with length a 23.3 inches diagonal, 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 (weight 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 Standard UAS Will Benefit The 

Economy 

 In addition to being safe and efficient, the DJI Phantom 3 Standard UAS is also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the DJI Phantom 3 Standard

UAS will allow United States based companies, like Mountain Graphix, 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 Standard 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 Standard UAS companies, such as Mountain Graphix, 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 Standard 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.

4. There Are No Privacy Issues. 

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

Graphix’s proposed operations of the DJI Phantom 3 Standard UAS will not implicate any privacy issues. 

Specifically the DJI Phantom 3 Standard UAS will be operated in compliance with operating documents (i.e. 

Monthly Maintenance Log, and DJI Phantom 3 Standard Instruction Manual) additionally requiring property 

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

Regulations)

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

Provide A Level Of Safety Equal To That Provided By The Rule From Which Mountain Graphix Seeks Exemption. 

1. Reasons Why the DJI Phantom 3 Standard UA Meet The Conditions Of The FAA Modernization and Reform 

Act of 2012 (FMRA) Section 333. 

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

and its operation, Mountain Graphix’s operation of the DJI Phantom 3 Standard UAS meets the conditions of 

FAA Modernization and Reform Act of 2012 (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 hazard to users of the NAS or the public, or otherwise 

pose a threat to national security. Specifically, FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

states the following, in part:
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

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(a) In General.Notwithstanding any other requirement of this subtitle, and not later than 180 days after the 

date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft 

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

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

(b) Assessment of Unmanned Aircraft Systems.In making the determination under subsection (a), the 

Secretary shall determine, at a minimum(

1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

(c) 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, Mountain Graphix submits that the DJI Phantom 3 Standard UAS can operate safely in 

the NAS pursuant to FAA Modernization and Reform Act of 2012 (FMRA) Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 3 Standard UA; (b) the pilot certification requirement; and (c) the 

specific operating limitations.

a. The Specifications Of The DJI Phantom 3 Standard UAS Demonstrate Its Safe Characteristics. 

The DJI Phantom 3 Standard UAS does not create a hazard to users of the NAS or the public, or otherwise pose 

a threat to the national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 UAS. 

The technical specifications of the DJI Phantom 3 Standard UAS are set for by the DJI Phantom 3 Standard

User Manual and Safety Guide, attached hereto as Appendix A and B.

ii. The DJI Phantom 3 UAS Autonomous Flight And Navigation Mode Enable The UAS to Remain Within A 

Defined Operational Area. 

The DJI Phantom 3 Standard 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 Standard UAS is provided at 

page 10 of the DJI Phantom 3 Standard User Manual, attached hereto as Appendix A.

iii. The DJI Phantom 3 Standard 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 Standard UA will remain stationary, in flight, for 3 seconds or 

more. If, after 3 seconds, the DJI Phantom 3 Standard UA do not reacquire control link data from the GCS, the 

UA will assume that the Control Link is lost and the US will return to the home position (i.e. failsafe mode) via 

GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions 

of the DJI Phantom 3 Standard are set forth at pages 13 of the DJI Phantom 3 User Manual, attached hereto 

as Appendix A.

iv. The DJI Phantom 3 Standard GCS And Its Operation. 

A complete description of the operation and specifications of the DJI Phantom 3 Standard GCS and flight 

control software is provided at pages 21-43 of the DJI Phantom 3 Standard User Manual, attached hereto as 

Appendix A.

b. Flight Operations Of DJI Phantom 3 Standard UAS Is Limited To The Line Of Sight Of A Certified Pilot in 

Command With A Safety Observer. 

Mountain Graphix will be the only company to authorize PICs for the DJI Phantom 3 Standard. Additionally, a 

safety observer and photographer will assist the PIC during flight time.

c. Flights Of DJI Phantom 3 Standard UAS Will Be Conducted Pursuant To Specific Operating Limitations. 
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

In seeking this exemption, Mountain Graphix proposes to commercially operate DJI Phantom 3 Standard UAS 

for the special purpose of conducting aerial video and photography over certain areas of the United States, 

pursuant to the following specific operating limitations:

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

operating documents, rotorcraft UASs weight less than 55 pounds maximum gross weight: DJI Phantom 3 

Standard 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.

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

4. The UA must be operated at an altitude of no more than 500 feet 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 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 State issued Driver’s 

License

6. The use of the first person view by the PIC or SO is not permitted.

7. All operations must utilize an SO. The SO may be used to satisfy the VLOS requirement as long as the IC 

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

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

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

SO can perform the functions prescribed in the operating documents.

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

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

instruments.

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

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

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

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

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

its operating documents. It is the operator's responsibility to track such revisions and present updated and 

revised 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 (AFS80) 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 GCS must be included in the preflight inspection. All maintenance and alterations must be 

properly document in the aircraft records.

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

characteristics, e.ge 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 preflight inspection must account for all potential discrepancies, e.g. inoperable components, items, or 

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

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

replacement, inspection, and life limit requirements.

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

with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul 

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

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

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

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

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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 a private, sport, recreational, or higher pilot certificate, at least a current Driver’s 

License, and a current physical from an approved practitioner.

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 not involved in an investigation. 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 PIC 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 IC 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 VMC. If flight at night is required, a special request will be made at the FAA office closet to 

proposed area of operations. Flights under SVFR are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on 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 point and land the UA with 25% battery 

power remaining.

25. The operator must obtain an 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 NOTAM not more 

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

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

potential transponder requirements.

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

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

part 45, Subpart C. Markings must be made as large as practical

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

comply with the 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 GCS of 

the UAS any time the UAS in operating. These documents must be made available to the Administrator or any 

law enforcement official upon request.

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

time.

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

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

than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or 

debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such 

protection. If situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the U, 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;
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

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

those persons per § 91.119(a).

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

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

representative will be obtained for each flight to be conducted.

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

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

(AFS80) within 24 hours. Accidents must be reported to the NTSB per instructions contained on the NTSB 

website: www.ntsb.gov .

2. Reasons Why An Exemption From The Requirements Of § 61.23(a) Would Not Adversely Affect Safety. 

Mountain Graphix submits that the equivalent level of safety established by § 61.23(a) will be maintained 

because no PIC will be allowed to operate the DJI Phantom 3 Standard unless that PIC has a current physical 

on file with Mountain Graphix and a valid Driver’s License.

The FAA has previously granted relief from § 61.23(a) & (c) specific to UAS, in circumstances similar, in all 

material respects to those presented herein (e.g. Exemption Nos. 11410, 11553, 11257, 11213, 11437, 

11150A).

3. Reasons Why An Exemption From The Requirements Of §§ 61.101(e)(4) & (5), 61.113(a), And 61.315(a) 

Would Not Adversely Affect Safety. 

Mountain Graphix submits that the equivalent level of safety established by §§ 61.101(e)(4) & (5), 61.113(a), 

and 61.315(a) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Standard

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 Standard UAS in a manner consistent with the exemption, including 

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

structures. Considering Mountain Graphix’s proposed area of operations, and the operating limitations set 

forthabove; the parallel nature of private, recreational, or sport pilot aeronautical knowledge requirements to 

those of commercial pilot requirements; and the airmanship skills necessary to safely operate the DJI Phantom 

3 Standard UAS, Mountain Graphix submits that the additional manned airmanship skills unnecessary for 

Mountain Graphix’s specific proposed flight operations. Mountain Graphix will not allow any PIC to operate the 

DJI Phantom 3 Standard UAS unless that PIC has demonstrated, by meeting minimum flight hour 

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

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

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

structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 

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

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

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

purposes).

Accordingly, Mountain Graphix will ensure safe operations by not allowing any PIC to operate the DJI Phantom 

3 Standard 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 Standard UAS in a manner consistent 

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

people, vessels, vehicles, and structures.

The FAA has previously granted relief from § 61.113(a) & (b) specific to UAS, in circumstances similar, in all 

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

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 

11161).

4. Reasons Why An Exemption From The Requirements Of § 91.7(a) Would Not Adversely Affect Safety. 

The equivalent level of safety established by § 91.7(a) will be maintained because prior to every flight,

Mountain Graphix will ensure that the DJI Phantom 3 Standard 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.
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

Additionally, the FAA has previously granted relief from § 91.7(a) specific to UAS, in circumstances similar, in 

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

11067, 11080, 11109, 11110, 11112, 1116, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161).

5. Reasons Why An Exemption From The Requirements Of § 91.119(c) Would Not Adversely Affect Safety. 

The equivalent level of safety established by § 91.119(c) will be maintained because the DJI Phantom 3

Standard will not be flown closer to any Vessel, Structure, or Vehicle without prior authorization from the 

owner.

Additionally, the DJI Phantom 3 Standard has automated hover capabilities which allow the DJI Phantom 3 

Standard to maintain position within ± 0.2m vertically and ± 1.5m horizontally. The FAA has previously granted 

relief from § 91.119(c) 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, 11111, 11112, 

11136, 11188, 11208, 11213, 11437, 11508, 11671)

6. Reasons Why An Exemption From The Requirements Of § 91.121 Would Not Adversely Affect Safety. 

The equivalent level of safety established by § 91.121 will be maintained because the altitude information of 

the DJI Phantom 3 Standard 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 Mountain Graphix’s operation of the DJI Phantom 3 Standard

UA within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to § 91.121. 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 UAS at ground level.

The FAA has previously granted relief from § 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).

7. Reasons Why An Exemption From The Requirements Of § 91.151(b) Would Not Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by § 91.151(b) as a result (1) 

the technical specifications of the DJI Phantom 3 Standard UAS; (2) the limitations on the proposed flight 

operations; and (3) the location of the proposed flight operations. Accordingly, Mountain Graphix will ensure 

that it will safely operate the battery powered DJI Phantom 3 Standard UA during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Here the technical 

specifications of the DJI Phantom 3 Standard UAS; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by § 91.151(b). 

Furthermore, safety will be ensured as the DJI Phantom 3 Standard UAS provide audible and visual warnings to 

the PIC at the GCS when the UA 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 power, the DJI Phantom 3 Standard UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning § 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 § 91.151, 

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

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

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 1158, 11159, 11160, 11161).

8. Reasons Why An Exemption From The Requirements Of §§ 91.405(a), 91.407(a)(1), 91.409(a), And 

91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Mountain Graphix submits that the equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (2), and 91.417(a) & (b) will be met because Mountain Graphix will use trained technicians to perform 

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

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

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

Manual). Furthermore, Mountain Graphix will document and maintain all maintenance records for the DJI 

Phantom 3 Standard UAS.

Since the DJI Phantom 3 Standard UAS will be inspected as prescribed by the operating documents, Mountain 

Graphix will maintain the equivalent level of safety established by §§ 91.405(a), 91.409(a)(1) & (2). A copy of 

the DJI Phantom 3 Standard User Manuals are attached hereto as Appendix A. Likewise, the exemption sought 

will not adversely affect safety because Mountain Graphix 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 §§ 91.407(a) 

and 91.407(b), because maintenance of the DJI Phantom 3 Standard 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 §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(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 Mountain Graphix’s proposed operating 

limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Standard UAS, Mountain 

Graphix submits that safety will not be adversely affected by granting exemption from §§ 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (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, 1106, 11067, 11080, 11109, 11110, 11112, 1113, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161).

9. 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 , Mountain Graphix requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom 3 Standard 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. §§ 61.23(a), & (c), 61.101(e)(4) & (5), 61.113(a) & (b), 61.315(c)(2) & (3), 91.7 (a), 

91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b). Such special 

conditions will permit safe operation of the UA for the limited purpose of conducting aerial video and 

photography over certain areas of the United States for compensation or hire. FAA Modernization and Reform 

Act of 2012 (FMRA) Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may 

prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Standard 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. § 21.16, entitled Special Conditions, 

stated 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 novel or unusual design feature of the 

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

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

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

equivalent to that established in the regulations.

Therefore, in accordance with FAA Modernization and Reform Act of 2012 (FMRA) Section 333 and 14

C.F.R. § 21.16, the FAA may prescribe special conditions for Mountain Graphix's intended operation of the DJI 

Phantom 3 Standard UAS, which contains 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. §§ 

61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 

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

F. A Summary That Can Be Published In the Federal Register, stating: The Rules From Which Mountain Graphix 

Seeks Exemption. 
 

Mountain Graphix, LLC, PO Box 1091, 114 Village Place, Suite 315, Dillon, CO 80435 

 Office: 970.468.0319 Cell: 970.389.0957 

 

brian@mtngraphix.com 

Mountain Graphix seeks exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4) & (5), 

61.113(a), 61.315(c)(2) & (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a), 

91.417(a) & (b).

G. A Brief Description Of The Nature Of The Exemption Mountain Graphix Seeks. 

This exemption will permit Mountain Graphix to commercially operate an Unmanned Aircraft System (UAS) for 

the purpose of conducting aerial video and photography over certain areas of the United States for forensic 

inspections.

H. Any Additional Information, Views, Or Arguments Available To Support Mountain Graphix’s Request. 

This petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which 

directs the Secretary of Transportation to determine if certain UAS may operate safely in the NS. As such, 

Mountain Graphix’s request for exemption may be granted pursuant to the authority of FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333 and 14 C.F.R. Part 11, as set forth above. The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification. As discussed in detail above, 

Mountain Graphix will operate the DJI Phantom 3 Standard 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.

CONCLUSION 

As set forth herein, Mountain Graphix 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 

Standard 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 (FMRA), while 

also advancing the interests of the public, by allowing Mountain Graphix to safely, efficiently, and economically 

operate the DJI Phantom 3 Standard UAS commercially within the NAS.

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

of 2012, Section 333, Mountain Graphix respectfully requests that the Administrator grant this Petition for an 

exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c) , 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) 

& (3), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a), 91.417(a) & (b), and permit 

Mountain Graphix to operate the DJI Phantom 3 Standard UAS commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States for forensic inspections.

Dated: December 17, 2015

Respectfully submitted,

Brian J. Brill

____________________________

Mountain Graphix