### 1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINTON, DC

Regulatory Docket No. ____________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: MIKE HAGLER

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 PROFESSIONALL AND

DJI INSPIRE 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on June 19, 2015
Mike Hagler

786 Rancho Trails

Ramona, CA 92065

619.247.5077
mhagler68@gmail.com

### 2 

## Contents

GLOSSARY

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

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

A. Name and Address of the Petitioner.

................................ ................................ ................................ ... 6
B. The Specific Sections o f 14 C.F.R. From Which Mike Hagler Seeks Exemption.

................................ ... 6
1. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From Section 61.113(a) And (b).

................................ ................................ ................................ ................................ ..... 9
2. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From Section 91.7(a).

................................ ................................ ................................ ................................ ................................ 10
3. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From Section 91.121.

................................ ................................ ................................ ................................ ................................ 10
4. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From Section 91.151(b).

................................ ................................ ................................ ................................ ................ 10
5. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

................................ ..................... 11
E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safet y At Least Equal To That Provided By The Rule From Which Mike Hagler Seeks Exemption.

................................ ................................ ................................ ............... 13

CONCLUSION

................................ ................................ ................................ ................................ ............... 22

APPENDICES:

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

### 3 

## GLOSSARY

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

### 4 

## SUMMARY
Mike Hagler seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 201 2 (FMRA). This exemption will permit Mike Hagler to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States.



## INTRODUCTION AND INTERESTS OF THE PETITIONER
Mike Hagler provides his clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. Mike Hagler h as been a Corporate Safety Manager and
S tormwater Manager for 10 years in the Construction industry. He performs construction site inspections throughout the state of California.

Mike Hagler currently resides in the rural community of Ramona, Ca. Ramona is situated in the foothills of north east San Diego County. This area is popular for recreational camping, hiking, mountain biking and horseback riding. Numerous times a year, peop le get lost in this back country community. Search and rescue efforts would be improved with the ability to use a UAS for a more focused search effort.

The objective of Mike Hagler and his aerial operations is to provide high quality imaging for a variety of commercial, public, and residential uses, specifically targeting:

Construction Industry:

S ites before

, during and after

Storm Water Pollution and Prevention Inspections

Environmental Assessment’s

Safety Inspections

Marketing

Real

- E state :

Property Appraisals

M arketing

Motion Picture Filming

Aerial acquisitions used for inspections of public and private structures.

Search and Rescue operations

### 5 

## BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional

. Mike Hagler seeks an exemption to operate DJI systems for compensation or hire w ithin the NAS. The DJI
Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phon e systems. The DJI Phantom 3 has a

maximum gross weight of approximately 2 pounds 13 ounces, while having a length of 16 inches width of

16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 has a
maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI Phantom 3 Professional and DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors.

The DJI Phantom 3 Professional DJI Inspire 1 UA that wi ll be operated by Mike Hagler will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registrat ion, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.



## BASIS FOR PETITION
Petitioner, Mike Hagler , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61)
and the FAA Modernization and Refo rm Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom
3 Professional , DJI Inspire 1 UASs in the National Airspace System (NAS), and for an exempti on from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned
aircraft a nd its operation, Mike Hagler ’s operation of DJI Phantom 3 Professional and the 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, Mike Hagler requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with
an airworthiness certificate.

Mike Hagler submits that the requested relief is proper since an equivalent level of safety will be ensured. Mike Hagler will use experienced 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, DJI Phantom 3 Professional and the DJI Inspire 1

Instruction Manu al). Furthermore, Mike Hagler will document and maintain all maintenance records for
the DJI Ph antom 3 UAS

. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and
limitations: Pilot in command , is requested by Mike Hagler to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot o r 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

### 6 able to safely operate the DJI Phantom 3 Professional and the DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Mike Hagler seeks relief from Section 91.7(a), entitled Civil aircraft airworth iness, beca use the DJI Phantom

3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Su bpart H. As such, Mike Hagler submits that he will ensure that the DJI Phantom 3 and the DJI Inspire 1 UAS is in an airworthy condition, prior t o every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Ma intenance Log, DJI Phantom 3 Professional and the DJI Inspire 1 Instruction Manual), and that the aircraft are in a condition for safe flight.

Mike H agler also seeks an exemption from the requirements of Section 91.121, entitled Altimete r Settings,
as the DJI Phantom 3 Professional and the DJI Inspire 1 UA will not have a typical barometric altimeter onboard. However, altitude information of the DJI Ph antom 3 Professional and the DJI Inspire 1 UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This alti tude information, combined with Mike Hagler’s operation of the DJI Phantom 3 Professional and the DJI Inspire

1 UAS within visual line of sight, at or below 5 00 feet AGL, will ensure a level of safety equivalent to Section

91.121.

Additionally, Mike Hagler seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight i n VFR conditions. Mike Hagler submits that safety will not be affected by operation
of the DJI Phantom 3 Professional and the DJI Inspire 1 UA during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes to the first point of intended landing and, assuming normal cruising speed, to fly
afte r that for at least 4.5 minutes.

In accordance with 1 4 C.F.R. § 11.81, Mike Hagler 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 cont act is:

Mike Hagler
786 Rancho Trails Ramona, Ca. 92065 (619) 247

- 5077 mhagler68@gmail.com



### B. The Specific Sections o f 14 C.F.R. From Which Mike Hagler Seeks Exemption.

1. Mike Hagler Seeks Exemption From The Re quirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

### 7 (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. Mike Hagler Seeks Exemption From The Requirements Of Section 91.7(a).

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

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

3. Mike Hagler Seeks Ex emption From The Requirements Of Section 91.121.

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

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

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

(ii) If there is no station with in 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 appropria te altimeter setting available before departure.

4. Mike Hagler Seeks Exemption From The Requirements Of Section 91.151(b).

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

(b), states the following:

(b) No person may be gin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flyto the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. Mike Hagler 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

—

### 8 (a) Shall have that aircraft inspected as prescribed in subp art E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Mike Hagler Seeks Exemption From The Requirements Of Section 91.407(a ) ( 1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a ) ( 1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

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

7. Mike Hagler Seeks Exemption From The Requirements Of Sections 91.409(a ) ( 1) And 91.409(a ) ( 2).

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

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance wit h part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. Mike Hagler Seeks E xemption From The Requirements Of Sections 91.417(a) And 91.417(b).

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

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved in spections, 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 airf rame, 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 o verhauled on a specified time basis.

### 9 (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 a pplicable 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 actio n 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 Mike Hagler See ks And The Reason Mike Hagler Seeks The Relief.



### 1. Extent Of Relief Mike Hagler See ks And The Reason Mike Hagler 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 allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and w ho 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 comp ensation 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 fort h more fully below, Mike Hagler submits that an equivalent level of safety will be maintained
because no PIC will be allo wed to operate the DJI Phantom 3 Professional UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

- hour and currency require ments, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as

w ell as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Mike Hagler submits that all flights of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Mike Hagler ’s business; and (2) will not carry passengers or property for compensation or hire.

### 10 2. Extent Of Relief Mike Hagler See ks And The Reason Mike Hagler 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 Mike Hagler to determine that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with t he operating documents (i.e.,
the Mike Hagler Aerial Operations Manual, Monthly Ma intenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual).

Mike Hagler seeks the requested relief because the DJI Phantom 3 Professional and DJI Ins pire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H. Therefore, Mike Hagler wi ll ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom
3 Professional and DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.



### 3. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seeks Relief From

Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above gr ound level (AGL), Mike Hagler seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 1 UA’s altimeter may be set on the

groun d to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable cond itions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional and DJI Inspire 1 UAs are equipped with a barometric pressure sensor and GPS equipment, which automat ically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC
with altitude information of the UA on the heads

- up display of the GCS.



### 4. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler Seek s Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of t he battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs during dayl ight 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. Mike Hagler seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the batt ery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo fli ght operations that Mike Hagler proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical spe cifications of the DJI Phantom 3 Professional and DJI

I nspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 1 operat ing documents, and Mike Hagler ’s

### 11 proposed operating limitations, ensure that Mike Hagler will safely operate t he battery powered DJI
Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.



### 5. Extent Of Relief Mike Hagler Seeks And The Reason Mike Hagler 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, Mike Hagler requests relief from these Sections because the DJI Phantom 3
Professional and DJI Inspire 1 UASs do not require airworthiness certificates. As set forth more fully below,
the DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the condition s of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Mike Hagler will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescrib ed in the UAS operating documents (i.e., the Mike Hagler Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). Furthermore, Mike Hagler will document and maintain all maintenance records fo r the DJI Phantom 3
Professional and DJI Inspire 1 UASs.

D. The Reasons Why Granting Mike Hagler 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 Mike Hagler to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, and landscape
over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional and DJI Inspi re 1 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Mike Hagler ’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be realized
without im plicating any privacy issues.

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

The DJI Phantom 3 Professional and DJI Inspire 1 UAs are 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, a n exemption allowing the
use of a DJI Phantom 3 Professional or 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.

Furth ermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or land. Lik ewise, 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. Th e Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional and DJI Inspire

1 UASs.

### 12 Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI Inspire 1 UASs, instead of manned aircraft, will greatly benefit the p ublic by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professional and DJI Inspire 1 UASs 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 20

- 30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than an in ternal combustion engine.

By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs 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 fl ight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1 UAs (weighing approximately 2 pounds 1 3 ounces and 6 pounds 7 .5 ounces respectively, at their maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no fuel on board), has less physical potential for collateral damage to life and

prope rty on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (we ighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Perform ing Aerial Video and Photography Operations With The DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professional and DJI Inspire 1 UASs are also an
economical alternati ve to using manned aircraft to conduct similar aerial operations. As such, operation of
the DJI Phantom 3 Professional and DJI Inspire 1 UASs will allow United States based companies, like Mike Hagler , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in
order to remain competitive. Operating the battery powered DJI Phantom 3 Professional and DJI Inspire 1 UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned
aircraft.

By operating the DJI Phantom 3 Professional and DJI Inspire 1 UASs, companies such as Mike Hagler , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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, Mike Hagler ’s proposed operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will not implicate any

### 13 privacy issues. Specifically, the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the Mike Hagler Aerial Operations Manual, Monthly Maintenance Log, and DJI Phant om 3 Professional and DJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F. R. § 91.119.


### E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The
Rule From Which Mike Hagler Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 UAs 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 opera tion, Mike Hagler ’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authorit y 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 sta tes the following, in part:

(a) In General.

- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems ma y 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 vis ual 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 ope rate 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, Mike Hagler submits that the DJI Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of
the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating lim itations.

### 14 a. The Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs Demonstrate Its Safe
Characteristics.

The DJI Phantom 3 Professional and DJI Inspire 1 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 Professional and DJI Inspire 1 UASs.

The technical specifications of the DJI Phantom 3 Professional and DJI Ins pire 1 UASs are set forth by the

DJI Phantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

ii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable
The UASs To Remain With in A Defined Operational Area.

The DJI Phantom 3 Professional and DJI Inspire 1 UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom
3 Professional and DJI Ins pire 1 UASs is provided at pages 2 3

- 39 of the DJI Phantom 3 Professional and pages 12

- 18 and 45

- 51 of the DJI Inspire 1 User Manuals, attached he reto as Appendix A and B.

iii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional and DJI Inspire 1 UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs 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 Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15 of the DJI P hantom 3 Professional and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

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

A complete description of the operation and specifications of the DJI Phantom 3 Professi onal and DJI Inspire 1 GCS and flight control so ftware is provided at pages 40 through 46 of the DJI Phantom 3 Professional Use r Manual and pages 45 through 51 of the DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

Mike Hagler will be the only person to act as a pilot in command (PIC) of the DJI Phantom 3 Professional and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

### 15 In seeking this exemption, Mike Hagler proposes to commercially operate DJI Phantom 3 Professional and DJI Inspire 1 UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom
3 Professional and 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 500 feet above ground level (AGL), as indicated by the procedures specified in the operating document s unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC
to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s

FAA

- issued airman medical certificate.

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

7. All operations must utilize a safety observer (SO). T he 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 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 conta ined 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 t o 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 determine s 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.

### 16 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 pr ohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component , must undergo a functional test flight. The
PIC who condu cts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the oper ating 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 requireme nts, 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 sign ature of the authorized person returning the UAS

to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

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

17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical
certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operato r’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, ve ssels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training opera tions may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

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 r equired, 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 denot ed on a current

FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained,

### 17 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 pre

- determined 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 obsta cles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to 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 ai rspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made av ailable 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 pr esent that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission a nd 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;

### 18 c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazar d 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
representa tive 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 Integrati on 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.

Mike Hagler submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs
unless th at PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS in a manner consistent with the exemption, including evasive and emergency maneuve rs and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering Mike Hagler ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requir ements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI
Phantom 3 Professional or DJI Inspire 1 UAS, Mike Hagler submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Mike Hagler ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, i n all material respects

. Mike Hagler will not allow any PIC to operate the DJI Phantom 3 Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the DJI Phantom 3
Professional or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate
the DJI Phantom 3 Professional or DJI Inspire 1 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

op erating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138 , and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Mike Hagler ’s

### 19 proposed operations. The Administrator has held that prior documented flight experien ce that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062 , the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the
10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeo ffs 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 petition er’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted un der the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Accordingly, Mike Hagler w ill ensure safe operations by not allowing any PIC to operate the DJI Phantom 3
Professional or 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 Pha ntom 3 Professional or 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 Requirem ents Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Mike Hagler will ensure that the DJI Phantom 3 Professional or DJI Inspire 1 UAS is i n an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and
limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances
similar , in all material respects

. 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 P hantom 3 Professional and DJI Inspire 1 UAs 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 informatio n, combined with Mike Hagler ’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be

### 20 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 si milar, in all material respects

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

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Mike Hagler will ensure that it will safely operate the battery powered DJI Phantom
3 Professional and DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming no rmal cruising speed, to fly after that for at least 4.5 minutes.

T he technical specifications of the DJI Phantom 3 Professional and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom
3 Professional and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at th e 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 Vision+ and DJI Inspi re 1 UASs 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

consi dered.

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, Mike Hagler 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 Mike Hagler will use trained technicians to perform maintenance, alteratio ns, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Mike Hagler Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruct ion Manual). Furthermore, Mike Hagler will document and maintain all maintenance records for the DJI Phantom 3
Professional and DJI Inspire 1 UASs.

Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected as prescribed by the operating documents, Mike Hagler 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 Professional and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B; a copy of the DJI Phantom 3 Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Appendix C.

### 21 Likewise, the exemption sought will not adversely affect safety because Mike Hagler will use trained technicians to perform maintenance, alterations o r preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by th e 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 Mike H agler ’s proposed operating limitations, the operating documents, and the
techni cal aspects of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, Mike Hagler submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Section s 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

. 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, Mike Hagler requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professi onal and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensat ion or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate wit hout airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation
of the DJI Phantom 3 Professional and DJI Inspire 1 UASs, 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 C onditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of t he 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 en gine 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
condit ions for Leading Edge’s intended operation of the DJI Phantom 3 Professional and DJI Inspire 1 UASs,

### 22 which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A S ummary That Can Be Published in the Federal Register, stating: The Rules From Which Mike Hagler
Seek s Exemption:

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

A Brief Description Of The Nature Of The Exemption Mike Hagl er Seeks:

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

• Any Additional Information, Views, Or Arguments Available To Support Mike Hagler ’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 NAS. As such

, Mike Hagler ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users
of the NA S 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, Mike Hagler will operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs 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, Mike Hagler seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 o f the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3
Professional and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and phot ography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Mi ke Hagler to safely, efficiently, and economically operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially
within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, S ection 333, Mike Hagler respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the

DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: March 6, 2015

Respectfully submitted,

### 23 Mi ke Hagler

786 Rancho Trails

Ramona, CA 92065

619.247.5077



## APPENDICES :

A

- Flight Operations Log

B

- Flight Operations Maintenance Log

C

- Authorization to Video FormAPPENDIX A Flight Operations Flight Log

Pilot in Charge (PIC): Visual Observer (VO):
Date: Project Name: Project Number:
Location Weather Conditions:
UAS: Flight Plan:

Challenges:

Flight Notes:

Pre

- Flight Checklist: Inspect Surroundings  Note Flight Plan 

Note Challenges  Place Warning Signage  Inspect UAS  Inspect Batteries  Tighten props / Install prop locks  Inspect/tighten all connections  Review Flight Plan  Set geo

- fence (if applicable)  Test control inputs APPENDIX B DJI Inspire 1 Flight Operations Maintenance Log

Maintenance Performed by:
UAS: DJI Phantom 3
Date: Notes: Checklist: Inspect UAS  Inspect Camera  Inspect Batteries  Inspect Cables  Inspect Charger  Tighten All Connections  Inspect Propellers 

Update Software  Update Firmware 
Calibrate IMU  Calibrate Compass  Test Control Inputs  Charge Batteries 
Additional Notes:APPENDIX B DJI Inspire 1 Flight Operations Maintenance Log

Maintenance Performed by:
UAS: DJI Inspire 1
Date: Notes: Checklist: Inspect UAS  Inspect Camera  Inspect Batteries  Inspect Cables  Inspect Charger  Tighten All Connections  Inspect Propellers 

Update Software  Update Firmware 
Calibrate IMU  Calibrate Compass  Test Control Inputs  Charge Batteries 
Additional Notes:

### APPENDIX C

RE: Authorization to Record Video & Photograph Property

I, legal seller and/or representative, authorize and give permission to Mike Hagler to record video and photograph the property commonly known as:

________________________________________________________________________ ______

________________________________________________________________________ ______

________________________________________________________________________ ______

The recorded video and photography is to be used in a manner consistent with the clients interests, current real estate marketing strategies and advertising techniques, property development, investigation and observation.

Sincerely,

_________________________________ ___ ____________ Signature Date

_________________________________ _______________ Signature Date