December 7, 2015 Attn: U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Phil Leazer -REQUEST AN EXEMPTION 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 Professional UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Phil Leazer 433 Tysons Forest Drive Rock Hill, SC 29732 o: 803-602-4415 c: 803-627-7418 f: 803-602-6055 phil.leazer@kci.com

1TABLE OF CONTENTS Page GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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BASIS FOR PETITION

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

NAME AND ADDRESS OF PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.P.R. FROM WHICH PHIL LEAZER SEEKS EXEMPTION

.......................................................................................................................

### ? THE EXTENT OF RELIEF PHIL LEAZER SEEKS AND THE REASON PHIL LEAZER SEEKS THE.RELIEF

...............................................,........................................................ 10 THE REASONS WHY GRANTING PHIL LEAZER'S REQUEST WOULD BE IN THE PUBLIC INTEREST

.........................................................................................................12 THE REASONS WHY GRANTING THE EXEMPTION TO PHIL LEAZERWOULD NOT ADVERSELY AFFECT SAFETY

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

..................25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT PHIL LEAZER 'S REQUEST

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

...................................................................................................................25 APPENDICES

....................................................................................... 26

2AGL AOI ATC ATO AV CPR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS Above Ground Level Area ofInterest Air Traffic Control Air Traffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAA Modernization and Reform Act of2012 (FMRA) Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3J



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SUMMARY Phil Leazer 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)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3 Professional) pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Phil Leazer to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video andphotographyofconstruction sites, economic development opportunities, civil landmarks and special projects over certain areas ofSouth Carolina. 

### INTRODUCTION AND INTERESTS OF THE PETITIONER Phil Leazer has for the last five years provided York County and other transportation related entities (which include private sectorbusinesses and non-profits, alongwith local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations. Phil Leazer has worked on hundreds ofproductions over the past 5 years in all types of locations with a perfect safety record. My objective with the Unmanned Aircraft System (DJI Phantom 3 Professional) aerial operations is to provide a more affordable, high-qualityproduction system for marketing ofmy civil engineering services ofvarious projects

• Construction sites before and after • Economic development • Civic landmarks I have safely flown small RC electric quadcopters recreationally for approximately 3 years without incident. 

### BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Professional, UAS Phil Leazer seeks an exemption to operate DJI Phantom 3 Professional system for self-marketing within the NAS. The DJI Phantom 3 Professional is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum grossweight ofapproximately 2.8 lb. while having a diagonal dimension of23.2", a maximum speed ofapproximately 16.4'fps and a maximum flying height of400'. The DJI Phantom 3 Professional is equipped with four main rotors; driven byLithium Polymerbatterypowered electric motors. The DJI Phantom 3 Professional that will be operated by Phil Leazer will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

4BASIS FOR PETITION Petitioner, Phil Leazer, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) andthe FAAModemizationandReformActof2012 (FMRA), Section 333, SpecialRules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate theDJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Phil Leazer's operation ofDJI Phantom 3 Professional 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, Phil Leazer requests relieffrom 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. Phil Leazer submits that the requested reliefis proper since an equivalent level ofsafety will be ensured. Phil Leazer will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Phil Leazer will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS. Relieffrom certainrequirements ofSection 61.113(a) and (b), entitledPrivatepilot privileges and limitations: Pilot in command, is requested byPhil Leazer to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot orhigher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Phil Leazer seeksrelieffrom Section 91.7(a), entitled Civilaircraftairworthiness, becausethe DJI Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. As such, Phil Leazer submitsthattheywill ensurethatthe DJIPhantom 3 Professional UAS is inan airworthycondition, priorto everyflight, bydeterminingthattheUAS are incompliancewiththe operating documents (i.e., MonthlyMaintenance Log, andDJIPhantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. Phil Leazer also seeks an exemption from the requirements ofSection 91.121, entitledAltimeter Settings, as the DJI Phantom 3 Professional UAS will not have a typical barometric altimeter onboard. However, altitude information ofthe DJI Phantom 3 Professional UAS will beprovided 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 ofthe flight path. This altitude information, combined with Phil Leazer's operation ofthe DJI Phantom 3 Professional

5UAS within visual line ofsight, at orbelow 400 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. Additionally, Phil Leazer seeks an exemption from therequirements ofSection 91.151(b), entitled Fuel requirements for flight in VFR conditions. Phil Leazer submits that safetywill notbe affected by operation of the DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery power indicators are also able to show exactlyhow muchbatterypower is left, as well as how muchtime is needed to return safely back to point oftake off. In accordance with 14 C.P.R. 

### § 11.81, Phil Leazer provides the following information in support ofits petition for exemption:



### A. Name AndAddress OfThe Petitioner. The name and address ofthe Petitioner and point ofcontact is: Phil Leazer 433 Tysons Forest Drive Rock Hill, SC 29732 o: 803-602-4415 c: 803-627-7418 

### f: 803-602-6055 phil.leazer@kci.com



### B. The Specific Sections Of 14 C.F.R. FromWhich PhilLeazerSeeks Exemption. 1. PhilLeazer Seeks Exemption FromThe Requirements OfSection 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, inrelevant part: (a) No personwho holds a privatepilot certificatemay act as apilotin command (PIC) ofan aircraft that is carryingpassengers orproperty for compensation orhire; normay that person, for compensation orhire, act as PIC ofan aircraft. (b) A privatepilotmay, for compensationorhire, act as PIC ofan aircraft inconnection with anybusiness or employment if- (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. 

### 2. PhilLeazer Seeks Exemption FromThe Requirements OfSection 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No personmay operate a civil aircraft unless it is in an airworthy condition.

63. Phil Leazer Seeks Exemption FromThe Requirements OfSection 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 ofa station along the route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed inparagraph (a)(1)(i) ofthis section, the currentreported altimeter settingofan appropriate available station; or

(iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting availablebefore departure.

4. PhilLeazer Seeks Exemption FromThe Requirements OfSection 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for at least 20 minutes.

5. Phil Leazer Seeks Exemption FromThe Requirement OfSection 91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter[.] 6. Phil Leazer Seeks Exemption FromThe Requirements OfSection 91.407(a)(l) Section91.407, entitled Operation aftermaintenance,preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless--

7(1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter[.] 

### 7. Phil Leazer Seeks Exemption From The Requirements Of Sections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following: (a) Exceptas providedinparagraph(c) ofthis section, no personmayoperate an aircraft unless, within the preceding 12 calendarmonths, it has had-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by § 43.7 ofthis chapter; or (2) Aninspection for the issuance ofan airworthiness certificatein accordancewith part 21 ofthis chapter.



### 8. Phil Leazer Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance 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 inparagraph (b) ofthis section: (1) Records ofthe maintenance, preventivemaintenance, and alteration and records ofthe 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) Thetotal timein service ofthe airframe, eachengine, eachpropeller, and each rotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul Qfall items installed onthe aircraft which are required to be overhauled on a specified timebasis.

8(iv) The current inspection status ofthe aircraft, including the time since the last inspectionrequiredbythe inspectionprogramunderwhichthe 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 ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alterationto the airframe and currentlyinstalled 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)(l) ofthis 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) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects 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. TheExtent OfReliefPhilLeazer Seeks And The Reason PhilLeazer Seeks The Relief. 1. ExtentofReliefPhilLeazer Seeks AndThe Reason PhilLeazer Seeks ReliefFrom Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled 

### Private pilotprivileges and limitations: Pilot in command, is requestedto the extentnecessaryto allow a PIC holding aprivatepilot orhigherlevel certificate, as well as a current andvalid airmanmedical certificate, and who has metcertain flighthour and currency requirements, to conduct theproposed UAS flight operations for compensation or hire. Thisreliefisrequested sincethelimitations set forth inSection61.113(a) and (b) statethat aprivate pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employmentif: (1) Theflight is onlyincidentalto thatbusiness oremployment; and (2) The aircraft does not carrypassengers orproperty for compensation orhire. As set forth more fully below, Phil Leazer submits that an equivalent level of safety will be maintainedbecauseno PIC will be allowed to operatethe DJIPhantom 3 Professional UAS unless that PIC has met certain flight-hour and currencyrequirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency 9'

# .maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Phil Leazer submits that all flights ofthe DJI Phantom 3 Professional UAS, conductedby the PIC pursuant to the grant ofthis Petition: (1) will beincidental to Phil Leazer; and (2) will not carrypassengers orproperty for compensation orhire.

2. Extent OfReliefPhilLeazer Seeks AndTheReasonPhilLeazer Seeks ReliefFromSection 91.7(a). Relieffrom Section 91.7(a) entitled Civilaircraftairworthiness, isrequested to the extentrequired to allow Phil Leazer to determine that the DJI Phantom 3 Professional UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Phil Leazer's Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Phil Leazer seeks the requested reliefbecause the DJI Phantom 3 Professional UAS do notrequire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Phil Leazerwill ensurethattheDJIPhantom 3ProfessionalUAS are in airworthy conditionbasedupon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional) 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. ExtentOfReliefPhilLeazer Seeks AndTheReasonPhilLeazerSeeks ReliefFromSection 91.121. Relieffrom Section 91.121, entitled Altimeter settings, mayberequired to allow flight operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry datalinkto 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), Phil Leazer seeks therequestedreliefbecausetheDJIPhantom 3 Professional UA's altimetermaybesetonthe groundto zero feet AGL,ratherthanthelocalbarometricpressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will bemaintained since the DJI Phantom 3 Professional UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information ofthe UA on the heads-up display ofthe GCS.

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### 4. ExtentOfReliefPhilLeazer Seeks AndTheReason PhilLeazer Seeks ReliefFromSection 91.151(b). Relieffrom Section 91.151(b) entitledFuel requirements for flight inVFR conditions, isrequested to the extent required to allow flights ofthe battery powered DJI Phantom 3 Professional UAS during daylighthours invisual meteorological conditions (VMC), undervisual flight rules (VFR), for a total duration of 23 minutes. Phil Leazer seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthebatterypowered DJI Phantom 3 Professional UAS will severely constrain the practicality ofany aerial video or still photo flight operations that Phil Leazer proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe DJI Phantom 3 Professional UAS, the DJI Phantom 3 Professional operating documents, and Phil Leazer'sproposed operating limitations, ensure that he will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbatterypowerto fly for a total duration of23 minutes.



### 5. Extent Of Relief Phil Leazer Seeks And The Reason Phil Leazer Seeks Relief From Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Phil Leazer requests relieffrom these Sections because the DJI Phantom 3 Professional UAS do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Professional UAS meet the conditions ofFMRA Section 333 for operation without an ·airworthiness certificate. Accordingly, Phil Leaz_er will use trained technicians to perform maintenance, alterations, orpreventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Phil Leazer Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Phil Leazer will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS.



### D. The Reasons Why Granting Phil Leazer RequestWould 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 Phil Leazer to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, events and civic landscape over certain areas ofSouth Carolina. Additionally, use ofthe DJI Phantom 3 Professional UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofPhil Leazer's proposed operation of the DJI Phantom 3 Professional UAS will be realized without implicating anyprivacy issues.

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1. The Public Will Benefit FromDecreased Congestion OfThe NAS. The DJI Phantom 3 Professional 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, an exemption allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned aircraftintheNAS, reducenoise and airpollution, as well as increasethe safetyoflifeandproperty in the air and on the ground. Furthermore, byreducing the number ofmanned aircraft operatinginthe NAS, congestion around airports causedbyarriving and departing aircraft will bereduced. The DJI Phantom 3 Professional UAS 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 3 Professional UAS. Conducting aerial acquisitions with the DJI Phantom 3 Professional UAS, instead of manned aircraft, will greatlybenefit the publicby drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 Professional UAS 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 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UAS to perform aerial acquisitions, the 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 offlight crew members located onboard the aircraft, the DJI Phantom 3 Professional UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of34 feet, and a fuel capacity of 180 gallons). 

### 3. PerformingAerialVideo and Photography Operations With The DJI Phantom3 Professional UAS Will Benefit The Economy. In additionto being safe and efficient, the DJIPhantom 3 Professional UAS are also an economical alternative to usingmanned aircraft to conduct similar aerial operations. As such, operation ofthe

12DJI Phantom 3 Professional UAS will allow United States based companies or employed individuals seeking to enhancetheirtalents, like Phil Leazer, 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 technologyinorderto remain competitive. Operating the battery powered DJI Phantom 3 Professional UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UAS, companies or employed individuals seeking to enhance their talents, as Phil Leazer, can remain competitive and profitable, and therefore, provide greater job stability, which will ultimately contribute to growth of the U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 Professional UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest inresearch and development in orderto 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, Phil Leazer's proposed operation ofthe DJI Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 Professional UAS will be operated only in compliance with operating documents (i.e., Phil Leazer Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal AviationRegulations, includingtheminimum altituderequirements of 14 C.F.R. § 91.119. E. The Reasons Why GrantingThe ExemptionWouldNotAdversely Affect Safety, Or How The Exemption Would Provide A Level OfSafety At Least Equal To That Provided ByThe Rule FromWhich Phil Leazer Seeks Exemption. 1. Reasons Why The DJI Phantom 3 Professional UAS Meet The Conditions OfThe FAA Modernization and ReformAct of2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Phil Leazer's operation ofthe DJI Phantom 3 Professional UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, inpart:

13(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 shalldetermine 

## if certain unmannedaircraftsystems may operatesafely in the national airspace system before completion of theplan andrulemaking required bysection 332 of thisActor the guidance required bysection 334 of thisAct. (b) Assessment ofUnmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shall determine, ata 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 hazardto users ofthe national airspace system or the public or pose a threat to national security; and (2) whethera certificate of waiver, certificate of authorization, orairworthiness certification undersection 44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--Ifthe 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 ofsuch aircraftsystems in the national airspace system. 

### In seeking this exemption, Phil Leazer submits that the DJI Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 Professional UAS; (b) the pilot certificationrequirement; and (c) the specific operating limitations.



### a. The Specifications OfThe DJI Phantom3 Professional UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications OfTheDJI Phantom 3 Professional UAS. The technical specifications of the DJI Phantom 3 Professional UAS are set forth by the DJI Phantom 3 Professional User Manual, attached hereto as Appendix A. ii. 

### TheDJI Phantom3 Professional UAS Global PositioningModes Enable The UAS To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional UAS may be operated in both manual and global positioning flight modes. A complete description ofthe flight and navigational modes ofthe DJI Phantom 3 Professional UAS is provided atpages 11 oftheDJI Phantom 3Professional UserManual attached hereto as Appendix A.

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### iii. TheDJI Phantom3 Professional UAS Are Designed For Automatic Return To Home Point Or Hover In The Event OfLoss OfThe ControlLink OrNavigation. When the Control Link is lost, the DJI Phantom 3 Professional UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 Professional UAS are set forth at pages 12 through 14 ofthe DJI Phantom 3 Professional User Manual, attached hereto as Appendix A. 

### iv. TheDJI Phantom3 Professional GCS And Its Operation. A complete description ofthe operation and specifications ofthe DJIPhantom 3 Professional GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 Professional User Manual. DJI Phantom 3 Professional User Manual is attached hereto as Appendix A. 

### b. Flight Operations OfDJI Phantom3 Professional UAS Is Limited To The Line OfSight OfA Certificated Pilot in CommandWith A Safety Observer. Phil Leazer video production staffwill be the only persons to act as a pilot in command (PIC) of the DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist him at all times during flight time.



### c. Flights OfDJI Phantom3 ProfessionalUAS Will Be Conducted PursuantTo Specific OperatingLimitations. In seeking this exemption, Phil Leazerproposes to commerciallyoperate DJI Phantom 3 Professional UAS for the special purpose ofconducting aerial video and photography over certain areas ofUnited 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 UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operationsunderthis exemption will belimitedto conducting operations for the purpose ofaerial video and photography. 3. The UAS maynot be flown at an indicated airspeed exceeding 20 knots. 4. The UAmust be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a specialrequest is made and approved byATC. All altitudes reported to ATCmustbein feetAGL.

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5. The UAS mustbe operated within visual line ofsight (VLOS) ofthe 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 onthe PIC's FAA-issued airman medical certificate. 6. The use offirst personview (FPV)bythe PIC or safetyobserver (SO) isnotpermitted. 7. All operations must utilize a safety observer (SO). The SO maybe used to satisfythe 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 ortexting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed inthe 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 orother instruments. 9. The operating documents and the grant ofexemption mustbe accessible during UAS operations and made available to the Administratoruponrequest. Ifa 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 ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operatormayupdate orrevise its operating documents. Itis the operator'sresponsibility to track suchrevisions 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'sUAS Integration Office (AFS-80) maybe contacted ifquestions arise regarding updates orrevisions 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operatinguntil the necessary maintenancehas been performed and the UAS is found to bein a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must beproperly documented inthe aircraft records.

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

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12. Thepre-flightinspectionmustaccount for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 13. The operatormust follow theUAS 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 ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UAS operatedunderthis exemptionmust complywith all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 18. The operatormaynotpermit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the abilityto safely operatethe UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

### § 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted underthe terms ofthe exemption. However, training operations may onlybe conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

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

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a currentFAA-published aeronautical chartunless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

1721. 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. Ifthe 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 ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weatherconditions)there is enoughpowerto fly at normal cruising speedto theintended landing point and land the UA with 25% batterypowerremaining. 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 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.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.R. part 45, Subpart C. Markings mustbe as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 mustbe available to the PIC at the Ground Control Station oftheUAS any time the UAS is operating. These documents mustbemade 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 all times. 30. The UAS maynotbe operatedbythe PIC from anymoving device or vehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC, SO, operatortrainees oressential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from theUA and/ordebris inthe event ofan accident. The operatormust ensure that nonparticipating persons remain under suchprotection. Ifa situation

18'

I

arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment oftherisk ofoperating closerto those objects and determined that it does not present an undue hazard, and;

c. Operations nearerto thePIC, SO, operatortrainees 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 ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to theNational Transportation SafetyBoard (NTSB) perinstructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons WhyAnExemption FromTheRequirements OfSection 61.113(a)And (b) Would Not Adversely Affect Safety. Phil Leazer submits that the equivalent level of safety_established by Section 61.113(a) and (b) will bemaintainedbecauseno PIC will be allowed to operatethe DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Phil Leazer's proposed area of operations, and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, Phil Leazer submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Phil Leazer's specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all 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). Phil Leazerwill not allow anyPIC to operatethe DJI Phantom 3 Professional UAS unless thatPIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3 19Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.P.R. 

### § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of 5 hours ofthose hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currencypurposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalentlevel ofsafety during Phil Leazer's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CPR 61.51(b), 25 hours oftotal 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 of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to b'e inclusive rather than additive; i.e. 5 hours make and model time maybe included in the 10 hours ofmulti-rotor time and the 10 hours maybe included inthe total25 hours ofUAS rotorcraft time. In additionto the hourrequirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice andbuildproficiencyinthe skills necessaryto safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experiencethatwas obtainedin compliancewith applicableregulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15. Accordingly, Phil Leazer will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, bymeeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

### 20

### 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, Phil Leazer will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 Professional UASwill be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for activemonitoring oftheflight path and altitude. This altitude information, combinedwith Phil Leazer's operation ofthe DJI Phantom 3 Professional UAS within visual line ofsight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude informationwill begeneratedbyGPS equipmentinstalled onboardthe aircraft. Priorto eachflight, a zero altitude initiation point is automatically establishedbythe UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level of safety established by 14 C.P.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 Professional UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, Phil Leazer will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAS during daylight hours in VFR conditions, with enough batterypowerto fly for a total duration of23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 Professional UAS; thelimitations ontheproposedflight operations; andthelocation oftheproposed operations,

21will ensure an equivalent level ofsafety establishedby 14 C.F.R. Section 91.151(b). Furthermore, safetywill beensured as the DJIPhantom 3 Professional UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low batteryvoltage, the first warning occurring at approximately 33%remainingbatterypower, and again at approximately 10%remainingbattery power. At the critically low battery level, the DJI Phantom 3 Professional UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Phil Leazer submits that the equivalent level ofsafety 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 bemet because Phil Leazer will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Phil Leazer Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, Phil Leazer will document and maintain all maintenance records for the DJI Phantom 3 Professional UAS. Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating documents, Phil Leazer will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(l), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional User Manuals are attached hereto as Appendix A and B. Likewise, the exemption sought will not adversely affect safety because Phil Leazer will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed bythe operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional UAS will beperformedbytrained technicians. Maintenance will be documented and maintained utilizing the monthlymaintenance log.



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Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofPhil Leazer'sproposed operatinglimitations, the operatingdocuments, and the technical aspects ofthe DJIPhantom 3 Professional UAS, Phil Leazer submits that safety will not be adversely affectedby granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). TheFAAhaspreviouslygrantedreliefspecificto UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. 

### § 21.16 entitled Special Conditions, Phil Leazerrequests thatthe FAAprescribe special conditions for the intended operation ofthe DJI Phantom 3 ProfessionalUAS, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalent to that establishedby 14 C.F.R. Part21, SubpartH, 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 oftheUAS for thelimitedpurpose ofconducting aerial video and photography over certain areas ofthe United States for compensation orhire. FMRA Section ii 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe 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 mustbe established for the safe operation ofthe UAS intheNAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation oftheDJIPhantom 3 Professional UAS, sincethe airworthinessregulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel orunusual design feature ofthe aircraft, aircraft engine orpropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety 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 FAAmayprescribe special conditions for Leading Edge's intended operation ofthe DJI Phantom 3 Professiona UAS, which contain such safety standards that the Administrator finds necessary to establish a level of

23safety equivalent to that established by 14 C.P.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)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b).



### • A Summary That Can Be Published In The Federal Register, stating: The Rules FromWhich Phil Leazer Seeks Exemption:

Phil Leazer seeks exemptionfrom the requirements of14 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), and91.417(a) & (b). 

### A BriefDescription OfThe Nature OfTheExemption Phil Leazer Seeks: This exemption willpermit Phil Leazer to commercially operate an UnmannedAircraft System (UAS)for thepurpose of conducting aerial video andphotography over certain areas of South Carolina.



### • AnyAdditional Information, Views, OrArguments Available To SupportPhil Leazer's Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, Phil Leazer's request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.P.R. Part 11, as set forth above. FMRA Section 333 sets forth therequirements for considering whether a UAS will create ahazard to users ofthe 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, Phil Leazer will operate the DJI Phantom 3 Professional UAS safely inthe NAS, without creating ahazard to users oftheNAS, orthepublic, orotherwisepose a threat to national security. 

### CONCLUSION As set forth herein, Phil Leazer seeks an exemptionpursuant to 14 C.P.R. 

### § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an airworthiness certificate, for the limitedpurpose ofconducting aerial video andphotographyover certain areas oftheUnited States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of2012, while also advancing the interests ofthepublic, by allowing Phil Leazer to safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially within the NAS.

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### ••

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of2012, Section 333, Phil Leazer 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)(l) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the DJI Phantom 3 Professional UAS commerciallyfor the purpose ofconducting aerial video and photography overcertain areas ofthe United States.

Dated: December 7, 2015

# ~Jysu.oAJC-'0____. Phil Leazer 433 Tysons Forest Drive Rock Hill, SC 29732 o: 803-602-4415 c: 803-627-7418 f: 803-602-6055 phil.leazer@kci.com

25Appendices:

A 

### & B - Link to DJI Phantom 3 Professional Manual: Click on linkbelowhttp://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.O en.pdf



### 26